DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sixth Eastway (Brunswick) Pty Ltd T/A Hope Aged Care
(AG2015/4660)

SIXTH EASTWAY PTY LTD (TRADING AS HOPE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Sixth Eastway Pty Ltd (trading as Hope Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sixth Eastway Pty Ltd (trading as Hope Aged Care), 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 Sixth Eastway (Brunswick) Pty Ltd T/A Hope Aged Care. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Health Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sixth Eastway (Brunswick) Pty Ltd, trading as Hope Aged Care, applied to the Fair Work Commission for the approval of its Enterprise Agreement 2014. The applicants were the employer, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The nature of the dispute concerned the terms and conditions of employment of the care staff within the organisation.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was "better off overall" for the employees, if it included minimum entitlements, and if it was free from prohibited content. Additionally, the Commission examined whether the agreement had been made in good faith and followed proper procedures, including adequate consultation and notice provisions.

The Commission found that the agreement met all statutory requirements. It was determined to be better off overall for the employees, included all minimum entitlements and was free from prohibited content. The Commission was satisfied that the agreement had been made in good faith and that proper procedures had been followed. The Commission approved the Enterprise Agreement 2014, which means it will now be legally binding on the parties involved.

The Fair Work Commission approved the Sixth Eastway (Brunswick) Pty Ltd (trading as Hope Aged Care) Enterprise Agreement 2014. This decision legally binds the employer and the unions to the terms and conditions outlined in the agreement.

Sixth Eastway (Brunswick) Pty Ltd T/A Hope Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established