DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Brotherhood of St Laurence
(AG2014/10277)

BROTHERHOOD OF ST LAURENCE AGED CARE, ANMF AND HWU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 FEBRUARY 2015

Application for approval of the Brotherhood of St Laurence Aged Care, ANMF and HWU Enterprise Agreement 2014.

[1] On 12 December 2014 The Brotherhood of St Laurence (Applicant) made an application for approval of the Brotherhood of St Laurence Aged Care, ANMF and HWU 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 10 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Brotherhood of St Laurence, the Australian Nursing and Midwifery Federation (ANMF), and the Health Workers Union (HWU) sought approval for the Brotherhood of St Laurence Aged Care, ANMF and HWU Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement. The Commission had to consider whether the agreement was made in good faith and whether it contained terms that were fair and reasonable for the employees covered by it.

The Commission found that the agreement was made in good faith and that the parties had followed the necessary procedures to ensure that it was properly negotiated. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the needs and circumstances of the employees covered by it. The Commission noted that the agreement provided for a fair and reasonable level of pay and conditions for the employees, and that it addressed the specific needs of the aged care sector. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act 2009.

As a result, the Fair Work Commission approved the Brotherhood of St Laurence Aged Care, ANMF and HWU Enterprise Agreement 2014. This decision provided certainty and stability for the employees covered by the agreement and ensured that they would receive fair and reasonable pay and conditions of employment.

The Brotherhood of St Laurence

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established