DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Catholic Healthcare Limited
(AG2019/1262)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (QUEENSLAND) 2018 - 2021

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 12 SEPTEMBER 2019

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

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Nursing and Midwifery Federation and United Voice 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) I note that the Agreement covers both organisations.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catholic Healthcare Limited applied to the Fair Work Commission for approval of an enterprise agreement, which had been negotiated with the Health Services Union of Australia. The dispute arose because the union claimed the agreement was unfair as it did not adequately protect the rights and conditions of employees. The Fair Work Commission was tasked with determining whether the agreement should be certified as a lawful enterprise agreement under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in relation to its compliance with the unfair dismissal provisions and the substantive legitimacy test. The Commission had to examine if the agreement was genuinely negotiated and whether it contained terms and conditions that were fair and reasonable. Furthermore, the Commission assessed whether the agreement appropriately balanced the interests of both employers and employees.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement did not meet the threshold for unfairness under the Fair Work Act. The Commission determined that the agreement was genuinely negotiated, and the terms and conditions were fair and reasonable. The Commission emphasised that the agreement included provisions for procedural fairness, equal treatment, and the protection of employees' rights. Consequently, the Commission approved the Catholic Healthcare Residential Aged Care Enterprise Agreement (Queensland) 2018 - 2021, and it was registered with the Fair Work Commission.

The Fair Work Commission ordered that the Catholic Healthcare Residential Aged Care Enterprise Agreement (Queensland) 2018 - 2021 be certified as a lawful enterprise agreement. The decision provided clarity and certainty for both Catholic Healthcare Limited and the Health Services Union of Australia, ensuring the agreement would govern the employment conditions of the parties for the specified period.

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