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

[2013] FWCA 10153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serbian Community Welfare Association Village of SA Inc T/A Pennwood Village
(AG2013/12020)

PENNWOOD VILLAGE NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 23 DECEMBER 2013

Application for approval of the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Serbian Community Welfare Association Village 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 of the Act 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) of the Act 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 30 December 2013. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Serbian Community Welfare Association Village of SA Inc T/A Pennwood Village, the Fair Work Commission (FWC) was presented with an application for approval of the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013. The applicant, Pennwood Village, sought the FWC's approval of the enterprise agreement, which outlines the terms and conditions of employment for its nursing staff. The Australian Nursing and Midwifery Federation, South Australia Branch (ANMF-SA) represented the employees in negotiating the agreement. The dispute centred on the specific terms and conditions proposed in the agreement, particularly those relating to the employment of registered nurses and enrolled nurses within the aged care sector.

The legal issues before the FWC involved determining whether the proposed terms and conditions in the enterprise agreement complied with the Fair Work Act 2009 (Cth). The FWC had to ensure the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees be better off financially under the agreement compared to the applicable award or safety net. Furthermore, the FWC needed to assess whether the agreement was made in good faith and whether it contained appropriate mechanisms for dispute resolution.

After thorough consideration of the evidence and submissions from both parties, the FWC found that the proposed enterprise agreement met the BOOT and was made in good faith. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment for the nursing staff, with appropriate mechanisms for dispute resolution. The FWC also found that the agreement contained provisions that were beneficial to the employees, such as additional leave entitlements and improved shift patterns. Therefore, the FWC approved the Pennwood Village Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established