DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whyalla Aged Care Incorporated
(AG2015/6817)

WHYALLA AGED CARE INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Whyalla Aged Care Incorporated, sought approval for the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2015. This application was contested by two unions, the Health Services Union SA Branch and the South Australian Nurses and Midwives Union. The primary dispute revolved around whether the agreement was in the best interests of the employees covered by it, specifically whether it met the requirements of the Fair Work Act 2009.

The court had to determine if the agreement was a "better off overall test" (BOOT) agreement, which required it to be in the best interests of the employees. This involved assessing if the agreement provided employees with a better deal than the applicable award or registered agreement. The court also had to consider whether the agreement was made in good faith, whether it complied with the "no disbenefit" rule, and if it was free from any prohibited content. Additionally, the court examined if the agreement met the procedural requirements of the Act.

After careful consideration, the court concluded that the agreement met all the necessary criteria under the Fair Work Act 2009. It was found to be a BOOT agreement, made in good faith, and compliant with all legal requirements. The agreement was deemed to be free from any prohibited content and met the procedural standards set by the Act. As a result, the court approved the agreement.

No specific orders were noted in the text beyond the approval of the agreement.

Whyalla Aged Care Incorporated

DECISION

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Legal Principle Established