DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2018/464)

CABRINI ASHWOOD RESIDENTIAL CARE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2018

Application for approval of the Cabrini Ashwood Residential Care Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Ashwood Residential Care Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cabrini Health Limited T/A Cabrini Health. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cabrini Health Limited, sought approval for the Cabrini Ashwood Residential Care Agreement 2017. The agreement outlined terms for the provision of residential aged care services in Melbourne. The case was heard in the Victorian Civil and Administrative Tribunal (VCAT). The primary issue before the tribunal was whether the agreement met the statutory requirements for residential care agreements under the Quality of Care Principles 2014. Specifically, the tribunal had to determine if the agreement was in the best interests of the residents, provided sufficient details regarding the services to be provided, and ensured transparency and accountability.

The tribunal examined the evidence provided by the applicant, including submissions from the Department of Health and Human Services and the Office of the Public Advocate. The applicant argued that the agreement was designed to ensure quality care for the residents, with clear provisions for staffing, care plans, and emergency protocols. The tribunal considered the necessity for the agreement to align with the Quality of Care Principles, ensuring it addressed the residents' health, safety, and wellbeing adequately. The tribunal also evaluated whether the agreement provided a fair and reasonable basis for the provision of services.

After reviewing the evidence, the tribunal concluded that the agreement met the statutory requirements. The tribunal found that the agreement was in the best interests of the residents and contained sufficient detail regarding the services to be provided. The tribunal highlighted the importance of ensuring that the agreement provided for adequate staffing levels and clear protocols for care and emergencies. The tribunal determined that the agreement was transparent and would promote accountability in the provision of care services. Consequently, the tribunal approved the agreement, recognising its alignment with the Quality of Care Principles.

Cabrini Health Limited T/A Cabrini Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established