DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whyalla Aged Care Incorporated
(AG2019/679)

WHYALLA AGED CARE INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whyalla Aged Care Incorporated applied to the Fair Work Commission for approval of the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2018. The Australian Nursing and Midwifery Federation (ANMF) represented the employees. The application came before the Commission in an attempt to resolve the dispute over the agreement's provisions. The Commission had to determine whether the agreement met the legal standards for approval, including whether it was made in good faith and whether it contained the required minimum terms and conditions.

The primary legal issues before the Commission were whether the agreement was a "genuine agreement" and whether it included the minimum entitlements set out in the Fair Work Act 2009. The Commission considered whether the agreement was made without coercion or pressure, and whether the process for making the agreement was fair and reasonable. The Commission also examined whether the agreement contained the required minimum terms and conditions, such as minimum wages and leave entitlements.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was a genuine agreement that met the legal standards for approval. The Commission found that the agreement was made without coercion or pressure, and that the process for making the agreement was fair and reasonable. The Commission also found that the agreement contained the required minimum terms and conditions, including minimum wages and leave entitlements. The Commission approved the agreement, and it came into effect on 1 July 2018.

The Commission made orders approving the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2018, and registered the agreement under the Fair Work Act 2009. The agreement is now legally binding on Whyalla Aged Care Incorporated and the employees it covers. The employees are entitled to the terms and conditions set out in the agreement, including minimum wages and leave entitlements. The agreement will remain in effect until it is varied or replaced by a new agreement.

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