| [2014] FWCA 5024 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare
(AG2014/6734)
SEVENTH-DAY ADVENTIST AGED CARE (VICTORIA) LTD (TRADING AS ADVENTCARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014
Aged care industry | |
COMMISSIONER JOHNS | SYDNEY, 25 JULY 2014 |
Application for approval of the Seventh-day Adventist Aged Care (Victoria) Ltd (trading as AdventCare), ANMF and HSU Enterprise Agreement 2014.
[1] On 9 July 2014 Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare (Applicant) made an application for approval of the Seventh-day Adventist Aged Care (Victoria) Ltd (trading as AdventCare), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.
[2] The Agreement was lodged within 14 days after it was made.
[3] The Commission is 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.
[4] The Health Services Union and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.
[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 August 2014. The nominal expiry date of the Agreement is 31 March 2017.
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- AGLC
- Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare [2014] FWCA 5024
- Case
- [2014] FWCA 5024
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. The court had to determine if the agreement provided for the terms and conditions of employment, and if it was genuinely negotiated and not coerced. Additionally, the court had to consider whether the agreement was in the public interest and if it adhered to the principles of good faith bargaining.
The Fair Work Commission found that the agreement met the criteria for approval. The agreement was genuinely negotiated between the parties, provided for the terms and conditions of employment, and was in the public interest. The court noted that the agreement contained provisions for fair and reasonable terms, including provisions for employee rights, protections, and benefits. The court was satisfied that the agreement was not coerced and that the parties had engaged in good faith bargaining. Based on these findings, the Fair Work Commission approved the agreement.
The Fair Work Commission ordered that the Seventh-day Adventist Aged Care (Victoria) Ltd (trading as AdventCare), ANMF and HSU Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The approval came into effect from the date of the decision.
Orders
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Background
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Evidence
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Ratio Decidendi
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