DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Land Ventures Trust & The Trustee for the Stephen Bauer Trust & Australasian Accommodation Aged Care Pty Limited T/A Minchinbury Manor
(AG2015/7849)

MINCHINBURY MANOR ENTERPRISE AGREEMENT 2016 TO 2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Minchinbury Manor Enterprise Agreement 2016 to 2018.

[1] On 19 December 2015 The Land Ventures Trust & The Trustee for the Stephen Bauer Trust & Australasian Accommodation Aged Care Pty Limited T/A Minchinbury Manor (Applicant) made an application for approval of the Minchinbury Manor Enterprise Agreement 2016 to 2018 (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, has been met.

[1] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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.

[2] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Land Ventures Trust, The Trustee for the Stephen Bauer Trust, and Australasian Accommodation Aged Care Pty Limited, trading as Minchinbury Manor, were parties in an application to the Fair Work Commission concerning the approval of the Minchinbury Manor Enterprise Agreement 2016 to 2018. The dispute centred on the proposed terms of employment, as set out in the agreement, which the parties sought to have formally approved. The applicants argued that the agreement should be ratified as it was fair and reasonable, while the respondents contested certain aspects, claiming the proposed terms were not adequately representative of the workforce's needs.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, if it was made in good faith, and if it included provisions that were fair and reasonable. The Commission also had to assess whether the agreement contained appropriate mechanisms for resolving future disputes and ensuring fair treatment of employees.

The Commission examined the evidence and submissions presented by both parties. It considered the nature of the workplace, the economic context, and the provisions of the proposed agreement. The Commission found that the agreement, overall, was fair and reasonable, taking into account the interests of both employees and employers. The agreement included provisions that met the requirements of the Act and provided for effective dispute resolution mechanisms. The Commission concluded that the proposed agreement was made in good faith and was in the best interests of the employees, warranting approval.

Consequently, the Fair Work Commission approved the Minchinbury Manor Enterprise Agreement 2016 to 2018, finding it to be fair and reasonable. The agreement was therefore ratified, and the parties were bound by its terms. This decision provided clarity and legal certainty for the employment relationship moving forward.

The Land Ventures Trust & The Trustee for the Stephen Bauer Trust & Australasian Accommodation Aged Care Pty Limited T/A Minchinbury Manor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established