DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabulam and Templer Homes for the Aged Inc.
(AG2014/10093)

TABULAM & TEMPLER HOMES FOR THE AGED INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 20 JANUARY 2015

Application for approval of the Tabulam & Templer Homes for the Aged Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 28 November 2014 Tabulam and Templer Homes for the Aged Inc. (Applicant) made an application for approval of the Tabulam & Templer Homes for the Aged 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 27 January 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 case involves an application for approval of an enterprise agreement between Tabulam and Templer Homes for the Aged Inc., the Australian Nursing and Midwifery Federation, and the Health Services Union. The dispute was heard by the Fair Work Commission (FWC). The primary legal issue the FWC had to determine was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the FWC needed to assess if the agreement provided fair terms and conditions for employees, complied with the good faith bargaining requirements, and did not unfairly discriminate against any group of employees.

The FWC carefully examined the contents of the agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions. The FWC considered submissions from the parties involved and the broader implications of the agreement on the employees' rights and workplace conditions. The FWC found that the agreement was negotiated in good faith and contained fair terms and conditions for the employees. It also noted that the agreement did not unfairly discriminate against any group of employees, and it met the requirements for approval under the Act.

Consequently, the FWC approved the Tabulam and Templer Homes for the Aged Inc., ANMF and HSU Enterprise Agreement 2014. The decision confirmed the legal standards and processes that the FWC applies when considering applications for the approval of enterprise agreements.

Tabulam and Templer Homes for the Aged Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established