DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belvedere Aged Care Pty Ltd T/A Belvedere Aged Care
(AG2019/965)

BELVEDERE AGED CARE PTY LTD (TRADING AS BELVEDERE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 16 JULY 2019

Application for approval of the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belvedere Aged Care Pty Ltd T/A Belvedere Aged Care. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation, and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Belvedere Aged Care Pty Ltd, trading as Belvedere Aged Care, along with the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), for approval of their Enterprise Agreement 2018. The application was made to the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement was fair and appropriate in terms of the criteria outlined in the Fair Work Act 2009. Specifically, the application required the court to determine if the agreement met the requirements for being certified as a single-enterprise agreement, including whether it appropriately covered a single enterprise and if it complied with procedural fairness and other statutory requirements.

The legal issues before the court were whether the agreement was genuinely a single-enterprise agreement, if it had been negotiated in good faith, and if it met all the procedural and substantive fairness requirements set forth in the legislation. The court needed to consider submissions from the parties, including evidence of the negotiation process and the contents of the agreement. The court also examined if the agreement was consistent with the principles of the Fair Work Act, such as ensuring that employees were not disadvantaged, and if it provided for appropriate dispute resolution mechanisms.

After carefully reviewing the evidence and submissions, the court found that the agreement was genuinely a single-enterprise agreement and had been negotiated in good faith. The court concluded that the agreement complied with all procedural and substantive fairness requirements. It was consistent with the principles of the Fair Work Act, providing for appropriate dispute resolution mechanisms and ensuring that employees were not disadvantaged. Based on this, the court approved the agreement as meeting the criteria for certification under the Fair Work Act.

The final orders of the court were that the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care) Enterprise Agreement 2018 be certified as a single-enterprise agreement. The agreement was deemed to be in effect from the date of the decision, and it was to be registered and published in accordance with the Fair Work Act.

Belvedere Aged Care Pty Ltd T/A Belvedere 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