DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tindele Pty Ltd T/A Victoria Heights Residential Care
(AG2015/1842)

TINDELE PTY LTD (TRADING AS VICTORIA HEIGHTS RESIDENTIAL CARE), ANF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 23 MARCH 2015

Application for approval of the Tindele Pty Ltd (trading as Victoria Heights Residential Care), ANF and HSU Enterprise Agreement 2014.

[1] On 10 February 2015 Tindele Pty Ltd T/A Victoria Heights Residential Care (Applicant) made an application for approval of the Tindele Pty Ltd (trading as Victoria Heights Residential Care), ANF and HSU Enterprise Agreement 2014 (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 Commission is 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.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 March 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Tindele Pty Ltd (trading as Victoria Heights Residential Care), ANF and HSU Enterprise Agreement 2014, the Fair Work Commission (FWC) was tasked with determining whether the terms and conditions outlined in the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The application was brought by the employer, Tindele Pty Ltd, in its capacity as the operator of Victoria Heights Residential Care, an aged care facility. The Australian Nurses and Midwifery Federation (ANF) and the Health Services Union (HSU) represented the employees in the bargaining process.

The primary legal issues before the FWC were whether the proposed enterprise agreement met the criteria for approval as set out in section 231 of the Fair Work Act. Specifically, the FWC needed to assess if the agreement provided for the fair and efficient resolution of workplace issues, protected the rights of employees, and ensured that the terms and conditions were not detrimental to the employees' overall wellbeing. Additionally, the FWC had to determine if the agreement had been negotiated in good faith and if it complied with the relevant provisions of the Fair Work Act, including minimum standards and any applicable industrial awards.

In its decision, the FWC carefully reviewed the proposed enterprise agreement, considering the submissions from both the employer and the unions. The FWC found that the agreement contained provisions that were fair and efficient for resolving workplace issues and that it protected the rights of employees. The FWC noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions that aligned with the minimum standards set out in the relevant industrial awards. Furthermore, the FWC was satisfied that the agreement had been negotiated in good faith and that it did not contain terms and conditions that were detrimental to the employees' overall wellbeing. Based on these findings, the FWC approved the proposed enterprise agreement.

In conclusion, the Fair Work Commission approved the Tindele Pty Ltd (trading as Victoria Heights Residential Care), ANF and HSU Enterprise Agreement 2014. The decision was based on the FWC's determination that the agreement met the criteria for approval as set out in the Fair Work Act, including providing for the fair and efficient resolution of workplace issues, protecting the rights of employees, and complying with relevant minimum standards.

Tindele Pty Ltd T/A Victoria Heights Residential Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established