Aegis Aged Care Group T/A Aegis Aged Care

[2021] FWCA 6806

FAIR WORK COMMISSION

DECISION

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

Aegis Aged Care Group T/A Aegis Aged Care
(AG2021/8213)

AEGIS AGED CARE GROUP (ANF) NURSES COLLECTIVE WORKPLACE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 NOVEMBER 2021

Application for approval of the Aegis Aged Care Group (ANF) Nurses Collective Workplace Agreement 2021

[1] Aegis Aged Care Group T/A Aegis Aged Care (the Applicant) has made an application for the approval of an enterprise agreement known as the Aegis Aged Care Group (ANF) Nurses Collective Workplace Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Nursing and Midwifery Federation (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 23 November 2021 and, in accordance with s 54, will operate from 30 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case involved Aegis Aged Care Group T/A Aegis Aged Care, who applied for the approval of the Aegis Aged Care Group (ANF) Nurses Collective Workplace Agreement 2021. The matter was heard by the Fair Work Commission, specifically the Deputy President, who needed to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The agreement was submitted by the applicant, who sought to have it registered as a registered agreement.

The primary legal issue before the court was whether the agreement was a genuine agreement reached by the applicant and the relevant employees. The court had to assess the agreement against statutory provisions to ensure that it contained all the required minimum terms and conditions. The court also needed to consider whether the agreement was in writing, whether it was made in good faith, and if it was genuinely negotiated and agreed upon by the parties involved.

In reaching its decision, the court examined the evidence and submissions presented by both parties. The court determined that the agreement was a genuine agreement and contained all the necessary minimum terms and conditions. The Deputy President found that the agreement was in writing, had been negotiated in good faith, and was genuinely agreed upon by the parties involved. Consequently, the court approved the agreement as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Aegis Aged Care Group (ANF) Nurses Collective Workplace Agreement 2021 as a registered agreement, effective from 1 December 2021. The agreement was to be in force for a period of five years, subject to the provisions of the Fair Work Act 2009. The court ordered that the agreement be registered and published in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established