DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carinya Lodge Homes Inc.
(AG2018/6460)

CARINYA LODGE HOMES INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2019

Application for approval of the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carinya Lodge Homes Inc., ANMF and HSU Enterprise 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 Carinya Lodge Homes Inc. 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 54.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation 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 10 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carinya Lodge Homes Inc. is a provider of residential aged care services, and the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) are trade unions representing some of its employees. A dispute arose concerning the terms of the Enterprise Agreement between Carinya Lodge Homes Inc., the ANMF, and the HSU. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it should be approved.

The primary legal issues before the FWC were whether the Enterprise Agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been fairly negotiated. The FWC also needed to consider if the agreement would have a detrimental effect on the employees it covered. The FWC examined the provisions of the agreement, the process by which it was negotiated, and the potential impact on the employees.

The FWC found that the Enterprise Agreement did contain all the mandatory terms and that it was the product of a genuine negotiation process. The FWC determined that the agreement did not have a detrimental effect on the employees, as it included protections and benefits that were fair and reasonable. The FWC was satisfied that the agreement met the requirements of the Fair Work Act and approved the Enterprise Agreement.

The FWC made an order approving the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2017. This decision confirmed the agreement's validity and legality, allowing it to take effect from the date of the decision. The approval signified that the agreement would govern the employment terms and conditions for the relevant employees at Carinya Lodge Homes Inc.

Carinya Lodge Homes Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established