DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Society of Saint Hilarion Inc Aged Care
(AG2016/6822)

THE SOCIETY OF SAINT HILARION INC NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of The Society of Saint Hilarion Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the The Society of Saint Hilarion Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Society of Saint Hilarion Inc Aged Care. 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 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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 19 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Society of Saint Hilarion Inc Aged Care brought an application before the Fair Work Commission for approval of an enterprise agreement. The dispute centred on the terms and conditions of employment for nursing employees within the aged care sector. The matter was heard and determined by the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The legal issues before the Commission involved the validity and enforceability of the proposed enterprise agreement. The Society of Saint Hilarion Inc argued that the agreement met the necessary criteria under the Fair Work Act 2009, including that it provided for fair and efficient workplace relations, and was free from any unfair provisions. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees it sought to cover.

The Commission considered the provisions of the Fair Work Act 2009 and examined the specifics of the proposed agreement. It assessed whether the agreement was made in good faith and whether it contained any unfair provisions. The Commission found that the agreement did not contain any unfair provisions and was made in good faith. It was concluded that the agreement provided for fair and efficient workplace relations and was in the best interests of the employees it sought to cover. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the relevant statutory requirements.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision was binding on all parties involved, including the Society of Saint Hilarion Inc and the affected nursing employees. This ruling ensures that the terms and conditions set out in the agreement are legally enforceable and will govern the employment relationship between the Society of Saint Hilarion Inc and its nursing employees within the aged care sector.

The Society of Saint Hilarion Inc Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established