DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willshire Pty Ltd T/A Olive Grove Aged Care
(AG2016/1483)

OLIVE GROVE AGED CARE NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Olive Grove Aged Care Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Olive Grove Aged Care Nurses 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 Willshire Pty Ltd T/A Olive Grove Aged Care. 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Willshire Pty Ltd trading as Olive Grove Aged Care, sought approval of the Olive Grove Aged Care Nurses Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement should be approved as it contained appropriate safeguards to protect vulnerable workers and ensured a fair and reasonable outcome for all parties involved. The primary respondent, Australian Nursing and Midwifery Federation, contested the approval of the agreement, contending that it did not meet the requirements of the Fair Work Act 2009, particularly in terms of providing adequate protections for vulnerable employees.

The central legal issue before the court was whether the enterprise agreement met the statutory criteria for approval as set out in section 233 of the Fair Work Act 2009. This included examining whether the agreement provided for the protection of vulnerable workers, provided for appropriate mechanisms for dispute resolution, and whether it was in the best interest of the employees it covered. The court had to determine whether the agreement, as proposed, was fair and reasonable, taking into account the potential impact on vulnerable workers and the overall balance of the agreement.

The Fair Work Commission found that the agreement did not adequately protect vulnerable workers as required by the Fair Work Act 2009. The commission emphasised the need for robust safeguards for vulnerable employees and noted that the proposed agreement did not sufficiently address these concerns. As a result, the application for approval of the enterprise agreement was dismissed. The commission highlighted that the agreement failed to provide the necessary protections and mechanisms for resolving disputes, which were critical components for ensuring fairness and reasonableness in the agreement.

Willshire Pty Ltd T/A Olive Grove Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established