Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge Summary

[2024] FWCA 4677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge

(AG2024/4847)

ARCANOLA PTY LTD T/A WHITTLESEA LODGE, ANMF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Arcanola Pty Ltd t/a Whittlesea Lodge, ANMF and HWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Arcanola Pty Ltd t/a Whittlesea Lodge, ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and the Health Services Union 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Arcanola Pty Ltd, trading as Whittlesea Lodge, the Australian Nursing and Midwifery Federation (ANMF), and the Health Workers Union (HWU). The primary issue was the approval of the Enterprise Agreement for 2024, which sought to regulate the employment terms and conditions of the workers at Whittlesea Lodge. The application for approval was brought forth by Arcanola Pty Ltd on behalf of the Whittlesea Lodge, and the ANMF and HWU were the relevant unions involved in negotiating the agreement.

The central legal issue before the commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was made in good faith, if it provided for appropriate mechanisms for resolving disputes, and if it included terms that were fair and reasonable. The commission also had to consider whether the agreement was consistent with the overarching objectives of the Fair Work Act, including promoting high levels of employment and workplace participation, and ensuring fair and flexible workplace relations.

The commission found that the proposed enterprise agreement was made in good faith and provided for adequate mechanisms for resolving disputes. It also determined that the terms of the agreement were fair and reasonable, taking into account the specific needs and circumstances of the workers at Whittlesea Lodge. The commission concluded that the agreement was consistent with the objectives of the Fair Work Act and therefore approved the application for the Enterprise Agreement 2024.

Consequently, the Fair Work Commission approved the Arcanola Pty Ltd t/a Whittlesea Lodge, ANMF and HWU Enterprise Agreement 2024, confirming its compliance with the legal requirements under the Fair Work Act. This decision ensures that the terms and conditions of employment for the workers at Whittlesea Lodge are governed by an agreement that meets the standards of fairness and reasonableness set out by the legislation.

Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established