The Salvation Army South Australian Division

[2013] FWCA 4662

FAIR WORK COMMISSION

DECISION

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

The Salvation Army South Australian Division
(AG2013/1840)

THE SALVATION ARMY - LINSELL LODGE NURSING EMPLOYEES (AGED CARE) & ANF ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 12 JULY 2013

Application for approval of The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Salvation Army South Australian Division. 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 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 19 July 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Salvation Army South Australian Division sought approval of the terms of an enterprise agreement, with the Fair Work Commission. The applicants were The Salvation Army South Australian Division, as employer, and the Australian Nursing and Midwifery Federation (the Union), as the representative of the employees. The dispute was heard in the Fair Work Commission, an independent statutory tribunal with federal jurisdiction over employment relations in Australia. The applicants sought approval of the terms of an enterprise agreement. The Union had submitted a draft agreement to the employer, which was then negotiated, and a final draft was submitted to the Commission for approval. The Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The principal issue before the Commission was whether the agreement was in the public interest, as required by section 232(2)(b) of the Act. The Commission found that the agreement was in the public interest, because the terms were fair and reasonable and met the requirements of the Act. The Commission also found that the agreement met the requirements of section 230(1)(a) of the Act, because it was a registered agreement. The Commission found that the agreement was also fair and reasonable in all its terms, as required by section 230(1)(b) of the Act. The Commission found that the agreement met the requirements of section 230 of the Act.

The Commission approved the terms of the agreement. The Commission found that the agreement was in the public interest and met all the requirements of the Act. The terms of the agreement were approved on 19 November 2012. The Commission made an order approving the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established