Catholic Homes Incorporated Summary

[2022] FWCA 1154

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Homes Incorporated

(AG2022/475)

catholic homes incorporated Enterprise Agreement 2020

Aged care industry
Commissioner Matheson	SYDNEY, 1 APRIL 2022

Application for approval of the Catholic Homes Incorporated Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated Enterprise Agreement 2020 (Agreement). The application was made by Catholic Homes Incorporated (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative were ought and no objections to the Undertakings were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Nursing and Midwifery Federation and United Workers’ Union, 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Catholic Homes Incorporated, the applicant sought approval of the Catholic Homes Incorporated Enterprise Agreement 2020. The agreement, intended to govern the terms and conditions of employment for certain workers, was contested by the Australian Council of Trade Unions. The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been negotiated in good faith and whether it contained the required minimum terms and conditions. Furthermore, the Commission had to assess whether the agreement was in the best interests of the workers it covered, taking into account the principle of proportionality and the need for a fair and reasonable balance between the interests of the employer and the employees.

In reaching its decision, the Commission considered the process by which the agreement was negotiated and the extent to which the parties had engaged in good faith. The Commission noted the evidence provided regarding the negotiation process, the submissions made by the parties, and the overall fairness of the terms proposed. After careful consideration, the Commission determined that the agreement had been negotiated in good faith and contained the required minimum terms and conditions. Moreover, the Commission found that the agreement was in the best interests of the workers, as it provided a fair and reasonable balance of rights and obligations. Consequently, the Commission approved the Catholic Homes Incorporated Enterprise Agreement 2020.

Catholic Homes Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established