Arete Health Care (Bankstown) Pty Ltd T/A Hixson Gardens Aged Care Facility Summary

[2023] FWCA 148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arete Health Care (Bankstown) Pty Ltd T/A Hixson Gardens Aged Care Facility

(AG2022/5141)

ARETE HEALTH CARE (BANKSTOWN) PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 17 JANUARY 2023

Application for approval of the Arete Health Care (Bankstown) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New SouthWales Branch Enterprise Agreement 2022

Arete Health Care (Bankstown) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Arete Health Care (Bankstown) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Arete Health Care (Bankstown) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2022. The application was made by the employer, Arete Health Care (Bankstown) Pty Ltd, trading as Hixson Gardens Aged Care Facility, and the unions involved. The dispute revolves around the terms and conditions of employment for the workers within the aged care facility, as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary legal standards and requirements for approval. This involved assessing whether the agreement was made in good faith, whether it included appropriate provisions for the protection of employees' rights and interests, and whether it complied with relevant industrial relations laws. The Commission also had to consider whether the agreement was likely to lead to improved industrial relations outcomes for the employees, such as better pay and conditions, without causing significant detriment to the employer or the broader economy.

The Commission found that the proposed enterprise agreement was made in good faith and included appropriate provisions for the protection of employees' rights and interests. It was determined that the agreement complied with relevant industrial relations laws and was likely to lead to improved industrial relations outcomes for the employees. The Commission approved the enterprise agreement, noting that it provided a fair and reasonable balance between the interests of the employer and the employees. The decision was based on the evidence presented and the application of the relevant legal principles and standards.

The Fair Work Commission approved the Arete Health Care (Bankstown) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2022, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the workers within the aged care facility, providing a framework for their industrial relations. The approval of the enterprise agreement ensures that the workers will have their rights and interests protected, while also allowing the employer to operate within a fair and reasonable industrial relations environment.

Arete Health Care (Bankstown) Pty Ltd T/A Hixson Gardens Aged Care Facility

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established