DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Healthcare Limited
(AG2019/1871)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2018 - 2021

Aged care industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 NOVEMBER 2019

Application for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Catholic Healthcare Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 November 2019. Those undertakings are attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Nurses Award 2010, Health Professionals and Support Services Award 2010, or the Aged Care Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I note that those undertakings become terms of 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 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation — New South Wales Branch, and Health Services Union of Australia NSW Branch, both 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) of the Act, I note that the Agreement covers both organisations.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Catholic Healthcare Limited applied to the Federal Circuit Court for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021. The Fair Work Commission had previously registered the agreement, but Catholic Healthcare sought a court order to finalise the approval process. The dispute centred around the agreement's provisions, which were subject to negotiation between Catholic Healthcare and the relevant employee unions.

The central legal issues before the court were whether the agreement met the requirements of section 231 of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court had to determine if the agreement was fair and reasonable and if it complied with the statutory criteria for approval. Additionally, the court needed to assess whether the agreement provided a safety net for employees and if it was likely to promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement was fair and reasonable and complied with all relevant statutory requirements. The agreement provided for a safety net of minimum wages and conditions and was likely to promote harmonious, productive, and cooperative workplace relations. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement under section 231 of the Fair Work Act 2009. The court's decision confirmed the validity of the agreement and finalised the approval process.

The final order of the court was that the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021 be approved and registered under section 231 of the Fair Work Act 2009. The agreement was deemed to have effect from the date of registration and would remain in force until the end of the specified term or until terminated in accordance with the agreement's provisions. The court's decision provided clarity and certainty for both Catholic Healthcare and the employees covered by the agreement.

Catholic Healthcare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established