DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serbian Community Welfare Association of SA Inc T/A Pennwood Village
(AG2017/1188)

PENNWOOD VILLAGE NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 21 APRIL 2017

Application for approval of the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serbian Community Welfare Association of SA Inc T/A Pennwood Village. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Serbian Community Welfare Association of SA Inc trading as Pennwood Village and the Australian Nursing and Midwifery Federation (SA Branch). The matter came before the Fair Work Commission, where the Applicant sought approval of the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016. The Applicant aimed to have the agreement recognised as a protected action and protected from legal action under the Fair Work Act 2009. The dispute centred around the procedural fairness of the ballot process and whether the agreement met the requirements of section 230 of the Act.

The court was tasked with determining whether the ballot process was conducted in a procedurally fair manner and whether the agreement complied with the requirements of section 230 of the Act. The Applicant argued that the ballot process was not conducted in a procedurally fair manner, as the ballot papers were not properly distributed and the process did not allow for an independent oversight. The Applicant also argued that the agreement did not meet the requirements of section 230, as it did not contain provisions for the fair treatment of employees and did not provide for the protection of employees' rights.

The court found that the ballot process was conducted in a procedurally fair manner and that the agreement met the requirements of section 230 of the Act. The court held that the Applicant had not demonstrated that the ballot process was not conducted in a procedurally fair manner and that the agreement contained provisions for the fair treatment of employees and provided for the protection of employees' rights. The court also held that the Applicant had not demonstrated that the agreement was not in the best interests of the employees.

The court approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees. The court found that the agreement provided for the fair treatment of employees and protected their rights, and that the ballot process was conducted in a procedurally fair manner. The court ordered that the agreement be approved and registered as a protected action and protected from legal action under the Act.

Serbian Community Welfare Association of SA Inc T/A Pennwood Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established