DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arcare Pty Ltd T/A Arcare
(AG2017/3170)

ARCARE PTY LTD, ANMF AND HWU (VICTORIA) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcare Pty Ltd T/A Arcare. 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 and the Health Workers Union 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 was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December 2017. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Arcare Pty Ltd, trading as Arcare, sought approval of the Arcare Pty Ltd, Australian Nursing and Midwifery Federation and Health Workers' Union (Victoria) Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and industrial relations disputes. The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been fairly and genuinely negotiated.

The Commission considered the process of negotiation and the terms of the agreement itself. It was noted that the agreement had been negotiated between the employer and the unions representing the employees, and that it contained provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also examined whether the agreement was in the best interests of the employees and whether it provided for a fair and reasonable outcome. The Commission found that the agreement had been fairly and genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment.

Based on its findings, the Commission approved the agreement, stating that it met the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the best interests of the employees. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2017, finding that it met the statutory requirements for approval under the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and to be in the best interests of the employees.

Arcare Pty Ltd T/A Arcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established