DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tolega Pty Ltd T/A Oakwood Aged Care
(AG2016/1482)

OAKWOOD AGED CARE NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Oakwood Aged Care Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Oakwood Aged Care Nurses Enterprise Agreement 201 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tolega Pty Ltd T/A Oakwood 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 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

Tolega Pty Ltd T/A Oakwood Aged Care sought approval of the Oakwood Aged Care Nurses Enterprise Agreement 2015. The application was brought before the Fair Work Commission by the applicant, who sought to have the agreement approved as a registered agreement. The applicant argued that the agreement met the criteria set out in the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

The legal issues before the commission included whether the agreement was a genuine enterprise agreement, whether it had been made in accordance with the requirements of the Fair Work Act 2009, and whether it contained terms and conditions that were fair and reasonable. The commission had to consider the provisions of the agreement, the process by which it was made, and the evidence presented by the parties.

The commission found that the agreement was a genuine enterprise agreement that had been made in accordance with the requirements of the Fair Work Act 2009. It was satisfied that the agreement contained terms and conditions that were fair and reasonable and in the best interests of the employees covered by the agreement. The commission approved the agreement as a registered agreement.

The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and other benefits. It also noted that the agreement had been made through a genuine process of negotiation between the parties and that it was supported by the majority of the employees covered by the agreement. The commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved it as a registered agreement.

Tolega Pty Ltd T/A Oakwood 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