Violet Town Bush Nursing Centre Inc

[2016] FWCA 2539

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Violet Town Bush Nursing Centre Inc T/A Bentley’s Aged Care
(AG2016/2699)
BENTLEYS AGED CARE ENTERPRISE AGREEMENT 2016
Aged care industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2016

Application for approval of the Bentleys Aged Care Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Bentleys Aged Care Enterprise Agreement 2016 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Violet Town Bush

Nursing Centre Inc T/A Bentley’s Aged Care. The Agreement is a single enterprise

agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of

Australia, 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) I note that

the Agreement covers the organisations.
[2016] FWCA 2539

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 April 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2539

Annexure A

[2016] FWCA 2539

CaseChat Overview and Summary

The Federal Court was asked to consider the approval of an enterprise agreement, the Bentleys Aged Care Enterprise Agreement 2016, between Violet Town Bush Nursing Centre Inc, trading as Bentley’s Aged Care, and its employees, represented by the Australian Nursing and Midwifery Federation and the Health Services Union of Australia. The application for approval was made under section 185 of the Fair Work Act 2009. The court needed to determine whether the agreement met the legal requirements for approval, including compliance with sections 186, 187, 188, and 190 of the Act.

The court found that the agreement met all the necessary requirements for approval. The applicant had provided written undertakings, which the court was satisfied would not cause financial detriment to employees or lead to substantial changes to the agreement. The bargaining representatives for the agreement had also notified their intention for the agreement to cover them, as required by section 183 of the Act. The court was satisfied that the agreement would cover these organisations, as stipulated by section 201(2) of the Act.

Based on the findings, the court approved the Bentleys Aged Care Enterprise Agreement 2016. The agreement will operate from 29 April 2016, with a nominal expiry date of 1 January 2019. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established