DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stretton Park Incorporated T/A Stretton Park Hostel
(AG2016/5702)

STRETTON PARK HEALTH AND ALLIED ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Stretton Park Health and Allied Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stretton Park Health and Allied Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stretton Park Incorporated T/A Stretton Park Hostel. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stretton Park Incorporated, trading as Stretton Park Hostel, applied to the Fair Work Commission for approval of the Stretton Park Health and Allied Enterprise Agreement 2016. The application was contested by the Australian Nursing and Midwifery Federation, which represented some of the employees covered by the proposed agreement. The dispute centred on the validity and fairness of various clauses within the agreement, including those relating to wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement was properly negotiated and whether it contained terms that were procedurally and substantively unfair. The Commission needed to determine if the negotiation process complied with relevant legislative requirements and whether the terms of the agreement met the criteria for procedural and substantive fairness under the Fair Work Act 2009. The Commission also had to consider the impact of the agreement on the employees and the employer.

The Commission found that the agreement was the product of genuine negotiations and was not procedurally unfair. It concluded that the negotiation process adhered to the necessary legal standards, and the terms of the agreement were fair and reasonable. The Commission emphasised that the agreement provided adequate protections and benefits to the employees while also accommodating the operational needs of the employer. Consequently, the Commission approved the agreement, finding that it met all the statutory requirements for approval.

As a result of the Commission's decision, the Stretton Park Health and Allied Enterprise Agreement 2016 was approved and registered. The agreement now legally binds the employer and the employees covered by its terms, effective from the date of the Commission's approval.

Stretton Park Incorporated T/A Stretton Park Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established