DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Society for the Mount Isa Memorial Garden Settlement for the Aged t/a The Laura Johnson Home
(AG2016/3940)

THE LAURA JOHNSON HOME ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2016

Application for approval of The Laura Johnson Home Enterprise Agreement 2016.

[1] On 15 July 2016, The Society for the Mount Isa Memorial Garden Settlement for the Aged t/a The Laura Johnson Home (Applicant) made an application for approval of The Laura Johnson Home Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, The Australian Workers’ Union has signed the undertakings to indicate its support and the Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union, the Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Society for the Mount Isa Memorial Garden Settlement for the Aged, trading as The Laura Johnson Home, applied for the approval of the Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is tasked with resolving workplace disputes and overseeing the implementation of workplace laws in Australia. The dispute centred on the fairness and compliance of the proposed Enterprise Agreement 2016 with the applicable industrial laws and the rights of the employees.

The primary legal issues the Commission had to resolve were whether the agreement was made in good faith, whether it met the requirements for being a ‘simple’ agreement under the Fair Work Act, and whether it complied with the minimum standards set by the Fair Work Act. The Commission also needed to determine if the agreement appropriately balanced the interests of the employer and the employees, and if the consultation process was adequate.

The Commission examined the negotiation process and found that it was conducted in good faith, with both parties making genuine efforts to reach a resolution. The agreement was considered to be a ‘simple’ agreement as it covered only a limited number of employees and did not involve complex issues. The Commission also found that the agreement met the minimum standards and appropriately balanced the interests of both parties. After considering the evidence and submissions from both parties, the Commission approved the Enterprise Agreement 2016.

The Fair Work Commission approved the Enterprise Agreement 2016, recognising its compliance with the relevant industrial laws and its fair treatment of both the employer and employees. The Commission's decision underscores the importance of good faith negotiations and proper consultation in reaching a mutually beneficial agreement in the workplace.

The Society for the Mount Isa Memorial Garden Settlement for the Aged t/a The Laura Johnson Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established