Catholic Homes Incorporated

[2018] FWCA 7059

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Homes Incorporated

(AG2018/2678)

Catholic Homes Incorporated Enterprise Agreement 2017

Aged care industry
Deputy President Masson	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Catholic Homes Incorporated Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated 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 Catholic Homes Incorporated. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Voice (UV) and the Australian Nursing and Midwifery Federation (ANMF) 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Catholic Homes Incorporated (CHI) applied to the Fair Work Commission for approval of the Catholic Homes Incorporated Enterprise Agreement 2017. The application came before the Commission in a hearing, which ultimately resulted in a decision. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement satisfied the criteria for being a "single interest" agreement, which requires that the agreement genuinely represents the interests of the employees and does not unduly favour one party over the other.

The Commission examined the agreement's provisions, the negotiation process, and the evidence presented by both parties. CHI argued that the agreement was a genuine product of negotiation and that it represented the interests of both employees and the employer. The Commission found that the agreement met the necessary criteria, as it provided for fair and reasonable terms and conditions of employment and was not discriminatory. The Commission also considered the parties' conduct during the negotiation process, finding that the agreement was not the result of coercion or other improper conduct. Therefore, the Commission approved the Catholic Homes Incorporated Enterprise Agreement 2017, finding that it met all the requirements for a single interest agreement.

The Fair Work Commission approved the Catholic Homes Incorporated Enterprise Agreement 2017, finding it met the criteria for a single interest agreement. The Commission's decision emphasised the importance of genuine negotiation and the need for fair and reasonable terms and conditions of employment. The Commission found that the agreement provided for the fair treatment of employees and did not unduly favour one party over the other. The approval of the agreement ensures that the parties will be bound by the terms and conditions outlined within, promoting a stable and productive working relationship. The decision serves as a reminder of the importance of adhering to the legal requirements for enterprise agreements and the need for fair and reasonable terms in employment agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established