Arete Health Care (Lansdowne) Pty Ltd T/A Lansdowne Aged Care Facility

[2022] FWCA 4577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arete Health Care (Lansdowne) Pty Ltd T/A Lansdowne Aged Care Facility

(AG2022/5148)

Arete Health Care (Lansdowne) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 DECEMBER 2022

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

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

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation and the Health Services Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Arete Health Care (Lansdowne) Pty Ltd T/A Lansdowne Aged Care Facility applied for the approval of the Arete Health Care (Lansdowne) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2022. The applicant sought to approve the agreement as a registered agreement under the Fair Work Act 2009. The application was made by the employer, Arete Health Care, and the relevant unions, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch. The nature of the dispute was whether the proposed enterprise agreement complied with the relevant statutory provisions.

The legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court considered whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, allowances, and other benefits. The court also examined whether the agreement included provisions for the resolution of disputes and the protection of employees' rights.

After considering the evidence and submissions from the parties, the Fair Work Commission approved the enterprise agreement. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and included provisions for the resolution of disputes and the protection of employees' rights. The court was satisfied that the agreement was appropriate and did not have an adverse effect on the operations of the Lansdowne 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