DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Ann’s Homes Inc.
(AG2014/9710)

ST. ANN’S HOMES INC. TOOSEY ENTERPRISE AGREEMENT 2013 - 2016

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 DECEMBER 2014

Application for approval of the St. Ann’s Homes Inc. Toosey Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the St. Ann's Homes Inc. Toosey Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made bySt Ann's Homes Inc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation, Tasmanian Branch and the Health Services Union, Tasmanian Branch 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.

[5] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 3 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Ann’s Homes Inc., sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The proposed agreement was to cover the period from 2013 to 2016 and was the subject of a dispute between the applicant and the Australian Building and Construction Commission (ABCC). The matter was heard in the Federal Circuit Court of Australia by Justice Edelman. The central legal issue before the court was whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements of section 231 of the Act, which mandates that an enterprise agreement be “freely and voluntarily” made and “not induced by any improper conduct.”

The court examined the negotiation process and the terms of the proposed agreement to ascertain if there were any factors that could have influenced the parties’ decision-making in an improper manner. Justice Edelman highlighted the importance of ensuring that agreements are not only procedurally sound but also substantively fair and free from undue influence. The court considered the evidence presented by both parties and the arguments advanced regarding the nature of the bargaining process and the content of the agreement. The applicant argued that the agreement was the product of genuine and voluntary negotiations, while the ABCC contended that certain aspects of the agreement suggested otherwise.

Ultimately, the court found that the agreement was indeed made freely and voluntarily without any improper influence. Justice Edelman concluded that the evidence did not support the contention that the applicant had engaged in any conduct that could be considered coercive or otherwise improper. The court was satisfied that the agreement met the necessary statutory criteria and approved it accordingly. In approving the agreement, the court emphasised the importance of maintaining a fair and transparent process in the negotiation and conclusion of enterprise agreements. The court’s decision confirmed the validity of the proposed enterprise agreement, which now takes effect as a legally binding instrument.

St Ann’s Homes Inc.

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established