DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (SA) Property Trust for The Salvation Army (SA) Social Work (ABN 45 781 882 681) as the employer of Linsell Lodge T/A The Salvation Army
(AG2015/6772)

THE SALVATION ARMY - LINSELL LODGE NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Salvation Army (SA) Property Trust for The Salvation Army (SA) Social Work (ABN 45 781 882 681) as the employer of Linsell Lodge T/A The Salvation Army. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 November 2015 and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Salvation Army (SA) Property Trust for The Salvation Army (SA) Social Work (ABN 45 781 882 681) as the employer of Linsell Lodge T/A The Salvation Army sought approval for an enterprise agreement in the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for employees at Linsell Lodge, an aged care facility operated by The Salvation Army. The specific enterprise agreement in question was the "Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015." The Australian Nursing and Midwifery Federation (ANMF) represented the employees in the negotiations.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements under the Fair Work Act 2009 (FW Act) for approval. This involved assessing whether the agreement was fairly and properly negotiated, contained the necessary terms and conditions, and did not unfairly disadvantage any party. The Commission had to consider the fairness of the agreement, particularly in relation to the terms concerning pay, conditions, and dispute resolution mechanisms.

In determining the fairness of the agreement, the FWC considered various factors including the bargaining power of the parties, the negotiation process, and the content of the agreement itself. The Commission found that the agreement was fairly and properly negotiated and contained terms and conditions that were fair and reasonable. It noted that the agreement addressed key issues such as pay rates, classification of employees, leave entitlements, and dispute resolution procedures. The FWC also found that the agreement did not unfairly disadvantage any party and was in line with broader economic and employment conditions. Based on these findings, the Commission approved the enterprise agreement.

The FWC approved the "Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015." This decision was made on the basis that the agreement was fairly negotiated, contained fair and reasonable terms and conditions, and did not unfairly disadvantage any party. The approval of the agreement means that it will become a legally binding contract between The Salvation Army and the employees of Linsell Lodge, governing their employment terms and conditions.

The Salvation Army (SA) Property Trust for The Salvation Army (SA) Social Work (ABN 45 781 882 681) as the employer of Linsell Lodge T/A The Salvation Army

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established