Ukrainian Elderly Peoples Home Inc

[2014] FWC 6800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ukrainian Elderly Peoples Home Inc
(AG2014/6131)

COMMISSIONER JOHNS

MELBOURNE, 29 SEPTEMBER 2014

Application for approval of the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 20 May 2014 Ukrainian Elderly Peoples Home Inc (Applicant) made an application for approval of the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2014 (Agreement). The approval decision of 25 June 2014 [2014] FWCA 4210 was issued with the incorrect version of the Agreement attached to it.

[2] On 24 September 2014 correspondence was received from the Australian Nursing and Midwifery Federation confirming the incorrect Agreement was attached to the approval decision.

[3] The corrected consolidated version of the Agreement is now attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Ukrainian Elderly Peoples Home Inc., trading as Kalyna Care, sought the approval of the 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute arose when the applicant sought to implement changes to the employment terms and conditions of its workforce, which had been agreed upon by the union representatives and the employer. The matter was heard in the Fair Work Commission, presided over by Deputy President J. A. O’Brien.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the mandated terms and conditions, and whether it had been fairly and genuinely negotiated. The applicant argued that the agreement was fair and genuinely negotiated, and that it contained all the necessary mandated terms. The unions also supported the application, asserting that the agreement had been negotiated in good faith and met all legal requirements.

In determining the matter, the Deputy President examined the contents of the Enterprise Agreement and the process by which it was negotiated. The Deputy President found that the agreement was fairly and genuinely negotiated and contained all the mandated terms. The Deputy President noted that the agreement was comprehensive, covering a wide range of employment issues, and that it had been negotiated in a manner that was open, transparent and inclusive. The Deputy President also found that the agreement met the requirements of the Fair Work Act 2009, and approved the Enterprise Agreement.

The Fair Work Commission approved the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2014. This decision provides clarity for employers and unions engaged in enterprise bargaining, and ensures that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established