DECISION

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

St Basil's Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil's Homes (SA)
(AG2015/3238)

ST BASIL'S HOMES (SA) NURSING AND AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 21 JULY 2015

Application for approval of the St Basil's Homes (SA) Nursing and Aged Care Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Basil’s Homes (SA) Nursing and Aged Care Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Basil’s Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil’s Homes (SA). 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. In doing so, I confirm that I am satisfied that clause 7.1.16, which deals with the cashing out of annual leave, is not inconsistent with the National Employment Standards established by the Act. I also note that it common ground between the parties that clause 3.2, which deals with consultation, is to be read as a whole including sub-clause 3.2.11.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch and United Voice, 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, St Basil's Homes for the Aged in South Australia (Vasileias) Inc, trading as St Basil's Homes (SA), applied for the approval of the St Basil's Homes (SA) Nursing and Aged Care Employees Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for nursing and aged care employees, seeking approval under the Fair Work Act 2009. The Fair Work Commission heard the application.

The central legal issue was whether the enterprise agreement met the requirements of the Fair Work Act, including the "better off overall test" which mandates that employees be no worse off financially under the new agreement. The court had to assess if the agreement provided for appropriate terms and conditions, including wages, leave entitlements, and other employment benefits, ensuring they were not less favourable than existing conditions or applicable awards and agreements.

The Fair Work Commission found that the proposed agreement satisfied the better off overall test. The agreement provided for fair and reasonable terms and conditions of employment, including a modest wage increase, and improvements to leave entitlements. The court was satisfied that the agreement was fair and appropriate, and approved the enterprise agreement. Consequently, the agreement became legally binding between St Basil's Homes (SA) and its nursing and aged care employees.

St Basil's Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil's Homes (SA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established