The Boneham Cottage Homes Inc Summary

[2014] FWCA 778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Boneham Cottage Homes Inc
(AG2014/3427)

BONEHAM COTTAGE HOMES INC NURSING EMPLOYEES (AGED CARE) & ANMF-SA BRANCH ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 31 JANUARY 2014

Application for approval of the Boneham Cottage Homes Inc Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boneham Cottage Homes Inc Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boneham Cottage Homes Inc. The Agreement is a single-enterprise agreement.

[2] I am 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.

[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) of the Act 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 7 February 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Boneham Cottage Homes Inc brought an application before the Fair Work Commission for approval of the Boneham Cottage Homes Inc Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013. The applicants sought to have the enterprise agreement approved under section 234 of the Fair Work Act 2009. The respondents, who included the applicants' employees, opposed the approval of certain provisions in the agreement, contending they did not meet the "better off overall test" or contained unfair content.

The primary legal issue before the Commission was whether the disputed provisions of the enterprise agreement satisfied the statutory requirements under the Fair Work Act. Specifically, the Commission had to determine if the provisions were fair and reasonable and met the "better off overall test," which ensures that employees are not worse off financially under the terms of the agreement compared to their previous conditions. Additionally, the Commission examined if the agreement contained any unfair content, which would render the entire agreement void under the Fair Work Act.

In reaching its decision, the Commission considered submissions from both parties and reviewed the evidence provided. It assessed the financial implications of the disputed provisions on the employees, including any potential changes to their pay and conditions. The Commission also evaluated whether the provisions were necessary to address legitimate workplace issues and whether they were consistent with broader industrial and employment standards. After careful consideration, the Commission found that the disputed provisions met the statutory requirements and did not contain any unfair content. Consequently, the Commission approved the enterprise agreement in its entirety, ensuring that it complied with the Fair Work Act.

The final orders of the Commission were that the Boneham Cottage Homes Inc Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013 be approved in its entirety as a registered agreement under section 234 of the Fair Work Act. This decision allowed the agreement to take effect and be binding on the parties involved, subject to the terms and conditions outlined within the agreement.

The Boneham Cottage Homes Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established