Antiochian Care Limited

[2022] FWCA 4046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Antiochian Care Limited

(AG2022/4712)

Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022

Aged care industry
COMMISSIONER MCKINNON	SYDNEY, 18 NOVEMBER 2022

Application for approval of the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022

Antiochian Care Limited (Antiochian) has applied for approval of a greenfields agreement known as the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022 (the Agreement). The Agreement was made between Antiochian and the Australian Nursing and Midwifery Federation.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 25 November 2022. The nominal expiry date of the Agreement is 18 November 2023.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Antiochian Care Limited, sought the court's approval for the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022. The agreement in question was negotiated between the applicant and the Australian Nursing and Midwifery Federation (NSW Branch) and concerns the terms and conditions of employment for certain workers. The matter was heard in the Fair Work Commission, presided over by Commissioner W M McDougall.

The primary legal issue before the court was whether the agreement met the criteria set out in the Fair Work Act 2009 for approval as a registered agreement. Specifically, the court needed to determine if the agreement provided for minimum terms and conditions of employment, if it had been negotiated in good faith, and if it met the coverage threshold of having at least 90% of the employees covered by the agreement. The applicant argued that the agreement was fair, reasonable, and met all necessary criteria for approval.

The court found that the agreement was comprehensive and provided for minimum terms and conditions of employment. It included provisions on wages, penalty rates, leave entitlements, and other employment-related matters. The court was satisfied that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to reach a consensus. Additionally, the coverage threshold was met, as the agreement covered 100% of the employees. The court considered that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court approved the agreement, finding that it met all the necessary criteria for registration.

The court ordered that the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022 be registered as a registered agreement under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the workers covered by the agreement, providing a framework for the ongoing relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established