DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbury Community Health Centre T/A The Lions Sunbury Community Aged Care
(AG2014/10715)

SUNBURY COMMUNITY HEALTH CENTRE (TRADING AS SUNBURY LIONS COMMUNITY AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the Sunbury Community Health Centre (trading as Sunbury Lions Community Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 5 December 2014 Sunbury Community Health Centre (Applicant) made an application for approval of the Sunbury Community Health Centre (trading as Sunbury Lions Community Aged Care), 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 9 February 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sunbury Community Health Centre, trading as The Lions Sunbury Community Aged Care, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), applied for the approval of their 2014 Enterprise Agreement. The Australian Industrial Relations Commission (AIRC) was tasked with assessing the application to ensure the agreement complied with relevant legislation and industrial principles.

The legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, including the principles of good faith bargaining, procedural fairness, and the provision of a safety net for employees. The court also needed to consider if the agreement provided adequate protections for the employees' rights and conditions of employment, and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

The AIRC determined that the agreement met the statutory requirements and was in the best interests of the employees. The court found that the agreement was the product of genuine good faith bargaining and provided a safety net for employees, ensuring their rights and conditions of employment were protected. The agreement also complied with the procedural fairness requirements, as it was the result of a transparent and fair bargaining process. Given these findings, the court approved the Enterprise Agreement.

The final orders of the court were to approve the Sunbury Community Health Centre, trading as The Lions Sunbury Community Aged Care, ANMF and HSU Enterprise Agreement 2014, subject to the terms and conditions outlined in the agreement.

Sunbury Community Health Centre T/A The Lions Sunbury Community Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established