DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wheatfields Incorporated
(AG2016/5114)

WHEATFIELDS INCORPORATED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF 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 Wheatfields Incorporated. 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 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) 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 13 October 2016. The nominal expiry date of the Agreement is 6 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Wheatfields Incorporated, an application was made for the approval of the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016. The dispute arose in the Fair Work Commission, where the primary issue was the validity and fairness of the proposed enterprise agreement between the employer, Wheatfields Incorporated, and the Australian Nursing and Midwifery Federation (ANMF), representing the nursing employees. The applicants sought approval of the agreement, while the respondents raised concerns about various provisions within the agreement.

The central legal issues before the Commission were whether the agreement was genuinely a product of free and voluntary negotiation and whether it complied with the relevant statutory provisions, including fairness and benefit tests. Specifically, the Commission had to consider if the agreement adequately provided for the terms and conditions of employment, including wages, leave, and other entitlements, in a manner that was fair and beneficial to both parties. The Commission also needed to determine if the agreement adhered to the procedural requirements set forth in the Fair Work Act 2009.

After thorough examination of the evidence and submissions from both parties, the Commission concluded that the agreement was genuinely negotiated and met the statutory requirements. The Commission found that the agreement contained provisions that were fair and beneficial to both the employer and the employees, and it complied with all relevant legislative provisions. The Commission was satisfied that the agreement was not only a product of free and voluntary negotiation but also provided for the fair and efficient operation of the workplace. As such, the Commission approved the Wheatfields Incorporated Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016, finding it to be in accordance with the relevant statutory framework.

Wheatfields Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established