DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Paul’s Lutheran Homes Hahndorf
(AG2015/7611)

ST PAUL’S LUTHERAN HOMES, HAHNDORF (AGED CARE) NURSING EMPLOYEES AND ANMF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 JANUARY 2016

Application for approval of the St Paul’s Lutheran Homes, Hahndorf (Aged Care) Nursing Employees and ANMF Enterprise Agreement 2015.

[1] On 9 December 2015 St Paul’s Lutheran Homes Hahndorf (Applicant) made an application for approval of the St Paul’s Lutheran Homes, Hahndorf (Aged Care) Nursing Employees and ANMF Enterprise Agreement 2015 (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, has 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 4 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved St Paul’s Lutheran Homes Hahndorf and the Australian Nursing and Midwifery Federation (ANMF), with the latter representing the nursing employees. The dispute centred on the approval of the St Paul’s Lutheran Homes, Hahndorf (Aged Care) Nursing Employees and ANMF Enterprise Agreement 2015, which was being challenged on various grounds. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement was genuinely a product of agreement between the parties, whether it contained terms that were not genuinely bargained for, and whether it met the good faith bargaining requirement. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it complied with the statutory minimum standards set out in the Act. The Commission also assessed whether the agreement was fair and reasonable in all its terms.

In its reasoning, the Commission found that the agreement was genuinely a product of genuine agreement between the parties and that the bargaining process was conducted in good faith. The Commission was satisfied that all terms of the agreement were genuinely bargained for, and that the agreement met the statutory minimum standards. The Commission concluded that the agreement was fair and reasonable in all its terms and was in the best interests of the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the St Paul’s Lutheran Homes, Hahndorf (Aged Care) Nursing Employees and ANMF Enterprise Agreement 2015, finding it met all necessary criteria under the Fair Work Act 2009. The decision effectively resolves the dispute between the parties and sets a precedent for future agreements in the aged care sector.

St Paul’s Lutheran Homes Hahndorf

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established