DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Johns Village Inc.
(AG2014/10112)

ST JOHN’S VILLAGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JANUARY 2015

Application for approval of the St John’s Village Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 28 November 2014 St Johns Village Inc. (Applicant) made an application for approval of the St John’s Village Inc., 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 Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of St Johns Village Inc., the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) as the relevant unions. The dispute centred around the terms and conditions of employment for employees at St John's Village Inc., a provider of aged care services in Australia.

The primary legal issues addressed by the court were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including the process by which it was negotiated and whether it provided for fair and reasonable terms and conditions for the employees. The court also needed to determine whether the agreement was in the best interests of the employees and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the enterprise agreement met the necessary legislative requirements. The court noted that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions for the employees. It was also determined that the agreement was in the best interests of the employees, taking into account their unique working conditions and the nature of the services provided by St John's Village Inc. The court concluded that the agreement provided for appropriate dispute resolution mechanisms, which were accessible and effective for the employees.

As a result of the court's decision, the enterprise agreement was approved, and the Fair Work Commission issued a certificate of registration for the agreement. This decision ensures that the terms and conditions of employment for employees at St John's Village Inc. are governed by the provisions of the approved enterprise agreement.

St Johns Village Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established