DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Astoria Aged Care Services Pty Ltd T/A The Orchards Aged Care
(AG2019/2662)

THE ORCHARDS AGED CARE HSU NSW ENTERPRISE AGREEMENT 2018-2021

Aged care industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Orchards Aged Care HSU NSW Enterprise Agreement 2018-2021.

[1] Astoria Aged Care Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as The Orchards Aged Care HSU NSW Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional material provided by the Employer, 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.

[3] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 October 2019. In accordance with s 54, notwithstanding clause 4 of the Agreement, the Agreement will operate from 25 October 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Astoria Aged Care Services Pty Ltd, trading as The Orchards Aged Care, and a matter related to the approval of the Orchards Aged Care HSU NSW Enterprise Agreement 2018-2021. This case arose from an application by the employer to have the proposed enterprise agreement certified as meeting the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate terms and conditions for employees, including wages, leave provisions, and other employment-related matters.

The legal issues before the Fair Work Commission involved determining whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing whether the agreement provided for terms and conditions of employment that were no worse off financially than those provided for in the relevant award or safety net award, and whether it complied with the other statutory criteria set out in the Fair Work Act. The Commission had to ensure that the agreement did not unfairly disadvantage employees and provided for a fair and reasonable set of terms and conditions.

The Fair Work Commission conducted a thorough review of the proposed agreement, considering the submissions from both the employer and the Health Services Union NSW (HSU NSW). The Commission found that the proposed agreement met all the statutory requirements for approval. It determined that the agreement provided for terms and conditions that were no worse off financially than those in the relevant award, and it complied with all other necessary criteria. The Commission concluded that the agreement was fair and reasonable and approved it for registration. The decision was based on the evidence presented and the statutory framework provided by the Fair Work Act.

The final orders of the Fair Work Commission were that the Orchards Aged Care HSU NSW Enterprise Agreement 2018-2021 be approved and registered as a registered agreement under the Fair Work Act. This decision ensures that the employees of Astoria Aged Care Services Pty Ltd, trading as The Orchards Aged Care, will be covered by the terms and conditions set out in the approved agreement, effective from the relevant commencement date.

Astoria Aged Care Services Pty Ltd T/A The Orchards Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established