UnitingCare Wesley Port Adelaide Inc Summary

[2014] FWCA 8399

FAIR WORK COMMISSION

DECISION

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

UnitingCare Wesley Port Adelaide Inc
(AG2014/9799)

UNITINGCARE WESLEY PORT ADELAIDE INC - NURSING EMPLOYEES - ANMF (AGED CARE) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 26 NOVEMBER 2014

Application for approval of the UnitingCare Wesley Port Adelaide Inc - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Wesley Port Adelaide Inc - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by UnitingCare Wesley Port Adelaide Inc. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 7 November 2014.

[4] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare Wesley Port Adelaide Inc applied to the Fair Work Commission for approval of the Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2014. The application was opposed by the Australian Health Services Union. The dispute centred around the terms and conditions of employment for nursing employees under the proposed agreement.

The primary legal issue before the Commission was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any provisions that would undermine the minimum standards set out in the Fair Work Act. The Commission also considered whether the agreement had been genuinely negotiated between the parties.

In determining the application, the Commission examined the terms of the agreement and the evidence provided by both parties. It found that the agreement provided for fair and reasonable terms and conditions for nursing employees, and that it did not contain any provisions that would undermine the minimum standards. The Commission also found that the agreement had been genuinely negotiated between the parties. Consequently, the Commission approved the Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2014.

The Fair Work Commission approved the Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2014. This decision provides certainty for nursing employees and employers in the aged care sector in South Australia, and ensures that they are provided with fair and reasonable terms and conditions of employment.

UnitingCare Wesley Port Adelaide Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established