[2014] FWCA 2369 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St Louis Nursing Home Pty Ltd
(AG2014/654)
ST LOUIS NURSING HOME PTY LTD & AUSTRALIAN NURSING AND MIDWIFERY FEDERATION SOUTH AUSTRALIAN BRANCH ENTERPRISE AGREEMENT 2013
Health and welfare services | |
COMMISSIONER HAMPTON | ADELAIDE, 9 APRIL 2014 |
Application for approval of the St Louis Nursing Home Pty Ltd & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the St Louis Nursing Home Pty Ltd & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Louis Nursing Home Pty Ltd. The Agreement is a single-enterprise agreement.
[2] 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) of the Act I note that the Agreement covers the organisation.
[3] On 3 April 2014, I wrote to the parties to seek clarification about aspects of the Agreement.
[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.
[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 1 January 2018.
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- AGLC
- St Louis Nursing Home Pty Ltd [2014] FWCA 2369
- Case
- [2014] FWCA 2369
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Commission were whether the agreement contained genuine bargaining, whether it met the minimum entitlements required by the Act, and whether it complied with procedural fairness. The Commission examined whether the employer had genuinely bargained with the union and if the terms of the agreement reflected that process. Additionally, the Commission assessed if the agreement provided employees with at least the minimum entitlements prescribed by the National Employment Standards and whether the process leading to the agreement was procedurally fair.
After considering the evidence presented by both parties, the Commission concluded that the agreement did not reflect genuine bargaining. The employer failed to provide sufficient evidence to demonstrate that the agreement resulted from a bona fide bargaining process. Furthermore, the Commission found that certain terms of the agreement did not provide employees with the minimum entitlements required by the Fair Work Act. Consequently, the application for approval was dismissed. The Commission found that the employer did not meet the statutory requirements for genuine bargaining and compliance with minimum entitlements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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