Taronne Pty Ltd & Sixth Eastway Pty Ltd Summary

[2014] FWCA 3975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taronne Pty Ltd & Sixth Eastway Pty Ltd
(AG2014/6234)

TARONNE PTY LTD (TRADING AS BENLYNNE PARK PRIVATE NURSING HOME) AND SIXTH EASTWAY PTY LTD (TRADING AS NORTH WESTERN DISTRICT PRIVATE NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JUNE 2014

Application for approval of the Taronne Pty Ltd (Trading as Benlynne Park Private Nursing Home) and Sixth Eastway Pty Ltd (trading as North Western District Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.

[1] On 28 May 2014 Taronne Pty Ltd and Sixth Eastway Pty Ltd (Applicant) made an application for approval of the Taronne Pty Ltd (Trading as Benlynne Park Private Nursing Home) and Sixth Eastway Pty Ltd (trading as North Western District Private Nursing Home), 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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 11 June 2014 Mr Michael Rahilly, the employer’s legal representative, advised that the Agreement was lodged late due the employer’s Form F17 Declaration being caught in his junk mail folder and not discovered until a few days later. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] Also on 11 June 2014, the Commission was advised by Mr Rahilly that Taronne Pty Ltd and Sixth Eastway Pty Ltd are companies engaged in a joint venture or common enterprise within the meaning of section 172(5) of the Act.

[4] 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.

[5] The Health Services Union and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Taronne Pty Ltd and Sixth Eastway Pty Ltd sought approval of the Taronne Pty Ltd (trading as Benlynne Park Private Nursing Home) and Sixth Eastway Pty Ltd (trading as North Western District Private Nursing Home), ANMF and HSU Enterprise Agreement 2014. The application was made under section 231 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it is satisfied that the agreement does not have a detrimental effect on employees. The dispute was between the applicants and the Australian Nursing and Midwifery Federation and the Health Services Union.

The primary legal issue for the Commission to decide was whether the agreement met the criteria set out in section 231 of the Fair Work Act 2009. The Commission needed to consider whether the agreement would have a detrimental effect on employees and whether it provided for a fair and reasonable outcome for both parties. The Commission also had to consider whether the agreement complied with any relevant industrial laws and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement did not have a detrimental effect on employees and provided for a fair and reasonable outcome for both parties. The Commission noted that the agreement provided for a number of benefits for employees, including improved wages and conditions, and that it complied with relevant industrial laws. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, including the ability for employees to refer disputes to the Fair Work Commission. As a result, the Commission approved the agreement under section 231 of the Fair Work Act 2009.

The Commission made an order approving the Taronne Pty Ltd (trading as Benlynne Park Private Nursing Home) and Sixth Eastway Pty Ltd (trading as North Western District Private Nursing Home), ANMF and HSU Enterprise Agreement 2014, subject to the conditions set out in the order. The order was made on the basis that the agreement did not have a detrimental effect on employees and provided for a fair and reasonable outcome for both parties. The order also required the applicants to comply with any relevant industrial laws and to provide notice of the approval to all employees covered by the agreement.

Taronne Pty Ltd & Sixth Eastway Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established