Seymour Elderly Citizens Hostel Inc. T/A Karingal Hostel

[2014] FWCA 4332

FAIR WORK COMMISSION

DECISION

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

Seymour Elderly Citizens Hostel Inc. T/A Karingal Hostel
(AG2014/6401)

SEYMOUR ELDERLY CITIZENS HOSTEL INC. (TRADING AS KARINGAL SEYMOUR), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2014

Application for approval of the Seymour Elderly Citizens Hostel Inc (trading as Karingal Seymour), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Seymour Elderly Citizens Hostel Inc (trading as Karingal Seymour), 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 the Seymour Elderly Citizens Hostel Inc. T/A Karingal Hostel. The Agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Services Union Victorian Branch T/A Health Workers Union, 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), I note that the Agreement covers the organisations.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Seymour Elderly Citizens Hostel Inc trading as Karingal Hostel, sought approval for an Enterprise Agreement from the Fair Work Commission. The respondents to the application were the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute arose from negotiations over the terms of employment for staff at the hostel. The Fair Work Commission was the court responsible for hearing the application and determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the proposed agreement was genuinely an enterprise agreement, whether it was in the best interests of the employees, and whether it complied with the Fair Work Act 2009. The Commission also needed to consider whether the agreement addressed all the matters covered by the relevant national employment standards and whether it was consistent with the applicable industrial awards.

The Commission found that the agreement was genuinely an enterprise agreement, as it was made between the employer and the employees represented by the unions. It was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions of employment. The agreement complied with the Fair Work Act and addressed all the matters covered by the national employment standards. The Commission also determined that the agreement was consistent with the relevant industrial awards and did not result in any adverse consequences for the employees. Consequently, the Commission approved the proposed agreement.

The final orders of the Commission were that the Enterprise Agreement be approved as a certified agreement under the Fair Work Act. This meant that the agreement would be legally binding on the parties and enforceable in the same way as an industrial award. The agreement would remain in force until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established