Wheatfields Incorporated

[2013] FWCA 6737

FAIR WORK COMMISSION

DECISION

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

Wheatfields Incorporated
(AG2013/8862)

WHEATFIELDS INC. NURSING EMPLOYEES (AGED CARE) & ANF ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 SEPTEMBER 2013

Application for approval of the Wheatfields Inc. Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wheatfields Inc. Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wheatfields 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 & 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 16 September 2013. The nominal expiry date of the Agreement is 31 January 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wheatfields Incorporated, an aged care provider, sought approval of the Wheatfields Inc. Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012 from the Fair Work Commission (FWC). The dispute centred on the terms of the enterprise agreement, specifically provisions relating to the employment conditions and pay rates of nursing staff. The matter was heard in the FWC, with a focus on whether the agreement complied with relevant industrial laws and whether it was in the best interests of the employees.

The primary legal issue for the FWC was to determine if the enterprise agreement met the requirements of the Fair Work Act 2009. This involved examining whether the agreement was fairly negotiated, provided for the protection of employees' rights and interests, and was in the best interests of the employees. The FWC also had to consider whether the agreement adequately addressed issues such as pay rates, working conditions, and the classification of nursing staff.

In examining the agreement, the FWC found that it was fairly negotiated and that it provided for the protection of employees' rights and interests. The FWC considered the evidence presented by both parties and concluded that the agreement was in the best interests of the employees. The FWC was satisfied that the agreement adequately addressed the pay rates, working conditions, and classification of nursing staff. The FWC also noted that the agreement provided for the fair treatment of employees and that it promoted a safe and healthy work environment.

The FWC approved the Wheatfields Inc. Nursing Employees (Aged Care) & ANF Enterprise Agreement 2012, subject to minor amendments to ensure compliance with relevant industrial laws. The final orders of the FWC included the approval of the enterprise agreement, with the minor amendments to be addressed by the parties within a specified timeframe. The FWC's decision provided certainty for the employees and the employer, ensuring that the agreement met the necessary legal standards and addressed the interests of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established