DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wheatfields Inc
(AG2021/4193)

WHEATFIELDS INCORPORATED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2021

Application for approval of the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020.

[1] Wheatfields Inc has made an application for approval of an enterprise agreement known as the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 March 2021 and, in accordance with s 54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wheatfields Inc applied for approval of the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020, which was to be assessed by the Fair Work Commission (FWC). The application concerned the terms and conditions of employment for nursing employees in aged care, as negotiated between Wheatfields Inc and the Australian Nursing and Midwifery Federation (ANMF).

The primary legal issues the FWC addressed were whether the proposed agreement was in the public interest and whether it complied with the Fair Work Act 2009. Specifically, the FWC examined whether the agreement met the requirements of the 'better-off-overall test', which assesses whether employees are no worse off financially and have improved conditions compared to the applicable award. The FWC also assessed whether the agreement contained terms that were contrary to public interest, such as those that might undermine the health and safety of employees.

The FWC found that the proposed agreement was in the public interest and met the better-off-overall test. It noted that the agreement provided for wage increases that were consistent with the prevailing economic conditions and industry standards, and it included a range of benefits for employees, such as additional leave entitlements and improved shift arrangements. The FWC concluded that the agreement did not contain any terms that were contrary to the public interest, and it approved the agreement.

The FWC ordered that the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to the nursing employees of Wheatfields Inc in aged care.

Wheatfields Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established