DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge; The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens
(AG2016/1391)

ADVANTAGED CARE CLINICAL STAFF GREENFIELD ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	CANBERRA, 21 JUNE 2016

Application for approval of the Advantaged Care Clinical Staff Greenfield Enterprise Agreement 2016 - 2018

[1] An application has been made for approval of an enterprise agreement known as the Advantaged Care Clinical Staff Greenfield Enterprise Agreement 2016- 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge; The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Australian Nursing and Midwifery Federation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with and that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Trustee for the Prestons Lodge Trust, trading as Advantaged Care at Prestons Lodge, and the Trustee for the Oakhurst Gardens Trust, trading as Advantaged Care at Oakhurst Gardens. The dispute centred on the approval of the Advantaged Care Clinical Staff Greenfield Enterprise Agreement 2016-2018, which sought to regulate the employment terms and conditions of clinical staff at the two facilities. The application for approval was brought before the Fair Work Commission (FWC).

The primary legal issues the court needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it was in the best interest of the employees and the employers. The court had to consider if the agreement complied with the Fair Work Act's provisions regarding enterprise agreements, such as being free from prohibited content and ensuring it was made in good faith.

The court determined that the application for approval met the necessary criteria. It concluded that the agreement was free from prohibited content and was made in good faith, as evidenced by the negotiation process and the willingness of both parties to reach a consensus. Furthermore, the court found that the agreement was in the best interest of the employees and employers, providing a fair and reasonable framework for employment conditions. Based on these findings, the court approved the Advantaged Care Clinical Staff Greenfield Enterprise Agreement 2016-2018.

In summary, the court granted the application for approval of the Advantaged Care Clinical Staff Greenfield Enterprise Agreement 2016-2018, finding it to be compliant with the statutory requirements and in the best interest of the parties involved. The agreement was approved, providing a regulated framework for employment terms and conditions at the two facilities.

The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge; The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established