Tully Nursing Home Inc.

[2022] FWCA 1739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tully Nursing Home Inc.

(AG2022/1234)

Tully Nursing Home Enterprise Agreement 2021-2022

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 27 MAY 2022

Application for approval of the Tully Nursing Home Enterprise Agreement 2021-2022

An application has been made for approval of an enterprise agreement known as the Tully Nursing Home Enterprise Agreement 2021-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tully Nursing Home Inc. (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

The Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ANMF and the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Tully Nursing Home Inc. for the approval of the proposed Enterprise Agreement for the period 2021-2022. The agreement was submitted under the Fair Work Act 2009, and the application was made to the Fair Work Commission. The dispute centred on whether the agreement met the legal criteria for approval, including its alignment with the Act’s objectives, such as ensuring fairness and promoting higher wages and conditions.

The legal issues primarily revolved around the compliance of the proposed agreement with the statutory requirements. The court had to consider whether the agreement had been made in good faith, whether it appropriately balanced the interests of the employees and the employer, and if it provided for fair and reasonable terms and conditions. The court also examined whether the agreement had been made through a genuine process of negotiation and if it contained appropriate dispute resolution mechanisms.

In determining the application, the court thoroughly reviewed the terms of the agreement and the evidence provided by both parties. The court found that the agreement was made in good faith and balanced the interests of the employees and employer, as evidenced by the negotiation process and the terms of the agreement. The court also found that the agreement met the objectives of the Fair Work Act, including promoting higher wages and conditions. Based on these findings, the court approved the Enterprise Agreement, highlighting the importance of ensuring fair and reasonable terms for all parties involved.

The final orders of the court approved the Enterprise Agreement for the period 2021-2022, subject to the terms and conditions as outlined in the agreement. The court's approval was contingent upon the continued compliance with the Fair Work Act and its objectives. This decision provided clarity and certainty for both the employees and the employer, ensuring that the agreement would be implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established