DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Care Staffing Solutions Pty Ltd
(AG2019/1382)

CARE STAFFING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2019

Application for approval of the Care Staffing Solutions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Care Staffing Solutions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Care Staffing Solutions Pty Ltd. 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] I note that Clause 24 is inconsistent with the National Employment Standards as it provides an employee’s entitlement in hours rather than days. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Care Staffing Solutions Pty Ltd sought approval of the Care Staffing Solutions Pty Ltd Enterprise Agreement 2019. The application was brought by the employer, who argued that the agreement met the requirements of the Fair Work Act 2009. The dispute involved the employer's claim that the agreement was appropriately negotiated and met the necessary criteria for approval.

The legal issues before the court included whether the agreement was genuinely negotiated, met the "better off overall test", and contained the necessary "protected action provisions". The Commission had to determine if the agreement provided for a fair and reasonable outcome for both parties and complied with statutory requirements. This included assessing the process of negotiation and ensuring that the agreement did not undermine the protections provided by the Act.

The Commission considered the evidence presented by the employer, including the negotiation process and the terms of the agreement. The Commission found that the agreement had been genuinely negotiated and met the "better off overall test". It was also found to contain the necessary "protected action provisions". The Commission approved the agreement, stating that it provided for a fair and reasonable outcome for both parties and complied with the requirements of the Act. The decision was made in favour of the employer, and the agreement was approved.

The Commission ordered that the Care Staffing Solutions Pty Ltd Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the Commission's decision, and both parties were bound by its terms. The decision provided clarity for both the employer and the employees regarding the terms of their employment and the legal framework within which their agreement operated.

Care Staffing Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established