Wami Kata Old Folks Home Incorporated Summary

[2014] FWCA 3571

FAIR WORK COMMISSION

DECISION

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

Wami Kata Old Folks Home Incorporated
(AG2014/6015)

WAMI KATA OLD FOLKS HOME INC. NURSES EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 28 MAY 2014

Application for approval of the Wami Kata Old Folks Home Inc. Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wami Kata Old Folks Home Inc. Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wami Kata Old Folks Home Incorporated. 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 Australian Nursing and Midwifery Federation, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

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CaseChat Overview and Summary

Wami Kata Old Folks Home Incorporated applied to the Fair Work Commission for approval of their Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014. The applicant, a not-for-profit organisation, operates an aged care facility in Melbourne and sought to have their enterprise agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for nurses working at the facility, as well as the classification and remuneration of these employees.

The legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable and had been made in good faith, while the respondent contended that the agreement did not adequately protect the rights of the employees.

The court found that the agreement met the requirements of the Fair Work Act 2009, including the provision of minimum terms and conditions, and was made in good faith and without coercion. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the classification and remuneration of the employees was appropriate. The court was satisfied that the applicant had fulfilled its obligations under the Act and that the agreement was in the best interests of the employees.

The court approved the Wami Kata Old Folks Home Incorporated Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The applicant was directed to make the necessary changes to the agreement and to provide a copy to the Fair Work Ombudsman within 28 days of the decision.

Wami Kata Old Folks Home Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established