DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Quality and Safety Commission
(AG2019/4868)

AGED CARE QUALITY AND SAFETY COMMISSION ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of the Aged Care Quality and Safety Commission Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Quality and Safety Commission Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aged Care Quality and Safety Commission. 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 (ANMF) and the Community and Public Sector Union (CPSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2020. The nominal expiry date of the Agreement is 30 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the Aged Care Quality and Safety Commission sought approval for the Aged Care Quality and Safety Commission Enterprise Agreement 2019-2022. The Commission sought an order approving the agreement, which was reached with the Health Services Union of Australia, under section 182 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the relevant provisions of the Act, particularly in terms of its impact on employees' terms and conditions.

The court had to determine whether the agreement was fair and reasonable, taking into account various factors outlined in the Act. These included ensuring fairness for employees, maintaining harmonious workplace relations, and promoting productivity. The Commission argued that the agreement reflected the economic realities and needs of the organisation while also considering the interests of the employees. The Union supported the application, asserting that the agreement was fair and reasonable and had been negotiated in good faith.

The court found that the agreement was fair and reasonable, considering the economic and operational context of the Commission. The court was satisfied that the agreement balanced the needs of the organisation with the interests of the employees. It noted the extensive consultation process that had occurred and the good faith negotiations between the parties. The court concluded that the agreement was consistent with the objectives of the Act and approved it under section 182 of the Fair Work Act 2009.

The court ordered that the Aged Care Quality and Safety Commission Enterprise Agreement 2019-2022 be approved as a registered agreement. This approval allowed the agreement to be in effect from the specified commencement date, providing a framework for the terms and conditions of employment for the relevant employees.

Aged Care Quality and Safety Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established