Assisi Centre Ltd T/A Assisi Centre Aged Care

[2024] FWCA 2774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Assisi Centre Ltd T/A Assisi Centre Aged Care

(AG2024/2236)

ASSISI AGED CARE ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2024

Application for approval of the Assisi Aged Care Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Assisi Aged Care Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Assisi Centre Ltd T/A Assisi Centre Aged Care. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 7 August 2023 and the Agreement was made on 5 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has 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.

Subject to the undertakings referred to above, 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.

Pursuant to s.202(4) of the act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation (Victorian Branch), 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 organisation.

The Health Services Union Victoria No. 1 Branch trading as ‘Health Workers 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2024. The nominal expiry date of the Agreement is 1 November 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Assisi Centre Ltd trading as Assisi Centre Aged Care, the applicant, and the Australian Council of Trade Unions, the respondent, the application was made before the Fair Work Commission to approve the Assisi Aged Care Enterprise Agreement 2023. The dispute centred on the terms and conditions of employment for workers within the aged care facility, specifically addressing wages, working conditions, and other employment-related matters. The legal issues before the Commission encompassed whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum entitlements, was free from prohibited content, and had been fairly negotiated.

The Fair Work Commission meticulously examined the contents of the proposed agreement to determine compliance with the statutory requirements. The Commission considered the adequacy of the proposed wages and conditions, ensuring they met or exceeded the minimum standards set by the National Employment Standards and applicable awards. Additionally, the Commission assessed whether the agreement was free from prohibited content, such as provisions that could undermine workers' rights or lead to adverse economic, social, or industrial consequences. The Commission also evaluated the process of negotiation to ensure it was conducted in good faith and the agreement reflected a fair representation of the interests of both parties.

After thorough consideration, the Fair Work Commission determined that the Assisi Aged Care Enterprise Agreement 2023 met all statutory requirements. The proposed terms and conditions were deemed adequate, providing for minimum entitlements and being free from prohibited content. The Commission found that the negotiation process was conducted in good faith, and the agreement reflected a fair representation of the interests of both the employer and the employees. Consequently, the Commission approved the agreement, ensuring that it would now govern the employment conditions of workers at Assisi Centre Aged Care.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established