Catholic Homes Incorporated T/A Catholic Homes Incorporated

[2024] FWCA 2464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Homes Incorporated T/A Catholic Homes Incorporated

(AG2024/1889)

CATHOLIC HOMES INCORPORATED REGISTERED NURSES (ANF) ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 3 JULY 2024

Application for approval of the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023 (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 T/A 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 7.2, 8.3 and 23 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 10 July 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Catholic Homes Incorporated T/A Catholic Homes Incorporated is the subject of an application before the Fair Work Commission, seeking approval of the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023. The application arises from the need to regulate the employment conditions of registered nurses working for Catholic Homes, a provider of aged care services. The primary issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including ensuring it was in the best interests of the employees and did not adversely affect the operational capacity of the organisation.

The Fair Work Commission examined the application in the context of ensuring that the proposed agreement complied with the relevant provisions of the Fair Work Act. Key issues included verifying if the agreement contained all mandatory terms, whether it met the ‘better off overall test’ and if it was free from any provisions that would be contrary to public policy. Additionally, the Commission assessed the agreement’s impact on the operational viability of Catholic Homes and its alignment with broader industrial relations objectives, such as promoting fairness and flexibility in the workplace.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and conducted a thorough analysis of the proposed agreement. The Commission found that the agreement met all statutory requirements, including the better off overall test, and did not contain any provisions that would be contrary to public policy. The Commission also noted that the agreement was likely to support the operational capacity of Catholic Homes while ensuring fair treatment for the registered nurses. Consequently, the Commission approved the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023, thereby resolving the application in favour of Catholic Homes.

The final orders of the Commission included the approval of the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions of the registered nurses at Catholic Homes for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established