DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandringham Aged Care Association Inc T/A Fairway Hostel
(AG2014/11043)

SANDRINGHAM AGED CARE ASSOCIATION INC. (TRADING AS FAIRWAY HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the Sandringham Aged Care Association Inc. (trading as Fairway Hostel), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Sandringham Aged Care Association Inc. (trading as Fairway Hostel), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sandringham Aged Care Association Inc trading as Fairway Hostel (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Nursing and Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Sandringham Aged Care Association Inc. (trading as Fairway Hostel), the Australian Nursing and Midwifery Federation and the Health Services Union sought approval of the 2014 Enterprise Agreement. The respondents, the Australian Medical Association (Victorian Branch) and Dr David Tan, opposed the application. The application was heard by the Commission in Melbourne on 22 May 2015.

The legal issues to be determined by the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the process by which it was made complied with the procedural fairness requirements of natural justice. The main issue was whether the employer had taken all reasonable steps to ensure that the agreement was appropriately made, given that the employer had not taken steps to ensure that the union representatives had the requisite authority to enter into the agreement on behalf of the employees.

The Commission found that the employer had taken reasonable steps to ensure that the agreement was appropriately made. While the employer had not taken steps to ensure that the union representatives had the requisite authority, the Commission found that the union had taken reasonable steps to ensure that its representatives were authorised. The Commission also found that the process by which the agreement was made complied with the procedural fairness requirements of natural justice. Accordingly, the Commission approved the agreement.

The Commission made an order approving the agreement, subject to the terms and conditions set out in the decision. The agreement is to be registered with the Fair Work Commission and will have effect from 1 April 2014. The agreement will remain in force until 31 March 2018, unless terminated earlier in accordance with its terms.

Sandringham Aged Care Association Inc T/A Fairway Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established