The Mary Ogilvy Homes Society

[2013] FWCA 2099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

The Mary Ogilvy Homes Society
(AG2013/5818)

THE MARY OGILVY HOMES SOCIETY NURSING & NON-NURSING STAFF AGREEMENT 2012

Aged care industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 5 APRIL 2013

Application for approval of The Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Mary Ogilvy Homes Society. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

[4] The Health Services Union and the Australian Nursing 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), I note that the Agreement covers the organisations.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, The Mary Ogilvy Homes Society, sought approval of the Nursing and Non-Nursing Staff Agreement 2012. This agreement was to govern the employment terms and conditions of the staff members at the applicant’s facilities. The application was brought before the Fair Work Commission, which is the tribunal responsible for overseeing such matters under Australian labour law.

The primary legal issue that the Commission needed to address was whether the proposed agreement provided for a fair and reasonable outcome for the employees. This involved examining the terms of the agreement to ensure they were not unduly harsh, unreasonable or prejudicial to the employees, and that they complied with the requirements of the Fair Work Act 2009. The Commission also considered whether the agreement was made in accordance with the relevant bargaining provisions of the Act.

In reaching its decision, the Commission noted that the agreement contained a comprehensive set of terms and conditions that were largely consistent with industry standards. The Commission found that the agreement did not impose any unreasonable burdens on the employees and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was made in accordance with the relevant bargaining provisions of the Act, as the applicant had engaged in good faith bargaining with the relevant unions. Based on these findings, the Commission approved the agreement.

As a result of the Commission’s decision, the Nursing and Non-Nursing Staff Agreement 2012 is now a registered agreement under the Fair Work Act 2009. This means that it will govern the employment terms and conditions of the staff members at the applicant’s facilities, and any disputes arising out of the agreement will be subject to the jurisdiction of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established