Transport Friendly Society Ltd T/A Park Hill Gardens Aged Care

[2014] FWCA 5956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transport Friendly Society Ltd T/A Park Hill Gardens Aged Care
(AG2014/6712)

TRANSPORT FRIENDLY SOCIETY LTD (TRADING AS PARK HILL GARDENS AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 28 AUGUST 2014

Application for approval of the Transport Friendly Society Ltd (trading as Park Hill Gardens Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 7 July 2014 Transport Friendly Society Ltd T/A Park Hill Gardens Aged Care (Applicant) made an application for approval of the Transport Friendly Society Ltd (trading as Park Hill Gardens Aged Care), ANMF 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 Health Services Union and Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 September 2014. The nominal expiry date of the Agreement is 25 February 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Transport Friendly Society Ltd T/A Park Hill Gardens Aged Care, the Fair Work Commission was tasked with considering an application for the approval of the Transport Friendly Society Ltd (trading as Park Hill Gardens Aged Care), ANMF and HSU Enterprise Agreement 2014. The application was brought forth by the employer, the Transport Friendly Society Ltd, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, which were negotiated between the employer and the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU).

The primary legal issue that the Commission needed to address was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement contained all the mandatory terms prescribed by the Act and whether it adhered to the process requirements set out in the legislation. Furthermore, the Commission had to determine if the agreement was in the best interests of the employees, particularly focusing on whether it provided for fair and reasonable terms of employment. The application was also subject to scrutiny concerning whether it complied with the good faith bargaining requirements and whether the agreement was made in good faith.

The Commission approached the matter by thoroughly reviewing the provisions of the proposed agreement against the legislative framework. The analysis revealed that the agreement contained all the mandatory terms and complied with the process requirements. The Commission also found that the agreement was fair and reasonable, providing for terms that were in the best interests of the employees. Additionally, the Commission determined that the agreement was made in good faith, adhering to the good faith bargaining provisions. Consequently, the Commission approved the application, and the Transport Friendly Society Ltd (trading as Park Hill Gardens Aged Care), ANMF and HSU Enterprise Agreement 2014 was granted approval.

The final orders included the approval of the enterprise agreement, which would now be applicable to the employees covered by the agreement. The approval signified that the agreement was fair and reasonable and met all the statutory requirements under the Fair Work Act. This decision reinforces the importance of ensuring that enterprise agreements are properly negotiated and comply with legislative standards to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established