DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrington Centennial Care Limited
(AG2020/3610)

CARRINGTON ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Carrington Enterprise Agreement 2020.

[1] Carrington Centennial Care Limited has applied for approval of a single enterprise agreement known as the Carrington Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Carrington Centennial Care Limited sought to correct a typographical error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The Health Services Union supported, and the other Bargaining Representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

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

[7] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Carrington Centennial Care Limited involved an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, Carrington Centennial Care Limited, sought approval of the Carrington Enterprise Agreement 2020, which was intended to govern the employment conditions of its employees. The Fair Work Commission heard the application, assessing the agreement against various legal criteria.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including compliance with the "better off overall test" and whether the agreement was made in good faith. The Commission also needed to consider whether the agreement provided for fair terms and conditions and whether it was appropriately negotiated. Additionally, the Commission examined if the agreement adhered to any relevant modern awards and whether it contained provisions that might unduly restrict the rights of employees.

The Commission determined that the agreement complied with all statutory requirements under the Fair Work Act. It was found to be made in good faith and met the "better off overall test," ensuring that employees were not disadvantaged by the agreement. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and it appropriately reflected the negotiation process. The agreement was also consistent with relevant modern awards and did not unduly restrict employee rights. Consequently, the Commission approved the Carrington Enterprise Agreement 2020.

The Fair Work Commission approved the Carrington Enterprise Agreement 2020, effective from the date of the decision. This approval means the agreement will govern the employment conditions of the employees of Carrington Centennial Care Limited.

Carrington Centennial Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established