Belvedere Aged Care Pty Ltd T/A Belvedere Aged Care

Case [2023] FWCA 1767
[2023] FWCA 1767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Belvedere Aged Care Pty Ltd T/A Belvedere Aged Care

(AG2023/1476)

BELVEDERE AGED CARE PTY LTD (TRADING AS BELVEDERE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2021-2023

Aged care industry

COMMISSIONER P RYAN

SYDNEY, 16 JUNE 2023

Application for approval of the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2021-2023

  1. Belvedere Aged Care Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Belvedere Aged care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2021-2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

  1. 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. 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

  1. 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.

Sections 186, 187, 188 and 190

  1. 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

  1. 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.

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

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER
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Details
AGLC
Belvedere Aged Care Pty Ltd T/A Belvedere Aged Care [2023] FWCA 1767
Case
[2023] FWCA 1767
Decision Date

CaseChat Overview and Summary

The case involved Belvedere Aged Care Pty Ltd, trading as Belvedere Aged Care, the Australian Nursing and Midwifery Federation, and the Health Services Union. They sought approval of the Belvedere Aged Aged Care Enterprise Agreement 2021-2023. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009.

The central legal issue was whether the agreement met the statutory requirements for approval. This involved examining if the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and was compliant with the relevant industrial laws. Additionally, the court needed to consider whether the agreement was made in good faith and whether it provided appropriate protections and benefits to the employees.

The Fair Work Commission examined the agreement clause by clause to determine its compliance. The Commission found that the agreement contained all required minimum terms and conditions, including provisions for wages, hours of work, leave, and other employment standards. Importantly, the Commission noted that the agreement did not contain any prohibited content and was made in good faith. The Commission also considered the bargaining process and concluded that it was fair and reasonable, with both parties having an opportunity to negotiate and reach a consensus.

As a result, the Fair Work Commission approved the Belvedere Aged Care Enterprise Agreement 2021-2023, recognising it as a lawful and fair agreement that met all statutory requirements. The decision confirmed the agreement as binding on all parties, effective from the date of approval.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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