DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whyalla Aged Care Incorporated
(AG2017/138)

WHYALLA AGED CARE INCORPORATED RESIDENTIAL AND HOME CARE, AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (ANMF) SA AND UNITED VOICE SA ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER SAUNDERS	SYDNEY, 15 FEBRUARY 2017

Application for approval of the Whyalla Aged Care Incorporated Residential and Home Care, Australian Nursing and Midwifery Federation (ANMF) SA and United Voice SA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Whyalla Aged Care Incorporated Residential and Home Care, Australian Nursing and Midwifery Federation (ANMF) SA and United Voice SA 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 Whyalla Aged Care Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation and United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by Whyalla Aged Care Incorporated, the Australian Nursing and Midwifery Federation (SA Branch) and United Voice SA Enterprise to the Fair Work Commission for the approval of their enterprise agreement. The agreement, dated 2016, pertains to residential and home care services provided by the applicant. The Commission was required to determine whether the agreement met the legal criteria for approval, particularly whether it contained the minimum terms and conditions mandated by law.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to verify that the agreement contained all the prescribed minimum terms and conditions, and that it was made in good faith and without the use of prohibited actions such as unprotected industrial action. Additionally, the Commission needed to assess whether the agreement met the requirements for coverage, such as the appropriate scope of employees and the proper classification of workers.

In its decision, the Fair Work Commission found that the agreement contained all the minimum terms and conditions required by law and was made in good faith. The Commission noted that the parties had engaged in good faith negotiations and that there were no instances of unprotected industrial action. The agreement was deemed to cover the appropriate scope of employees and appropriately classified the workers involved. The Commission was satisfied that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the Whyalla Aged Care Incorporated Residential and Home Care, Australian Nursing and Midwifery Federation (ANMF) SA and United Voice SA Enterprise Agreement 2016, effective from 1 April 2016. The agreement was registered on the Register of Approved Agreements, and the terms and conditions set out in the agreement became binding on the parties from the effective date.

Whyalla Aged Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established