DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd
(AG2019/2751)

CHELTENHAM MANOR PTY LTD (TRADING AS CHELTENHAM MANOR) AND GREENWOOD MANOR PTY LTD (TRADING AS GREENWOOD MANOR) ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Cheltenham Manor Pty Ltd (trading as Cheltenham Manor) and Greenwood Manor Pty Ltd (trading as Greenwood Manor) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cheltenham Manor Pty Ltd (trading as Cheltenham Manor) and Greenwood Manor Pty Ltd (trading as Greenwood Manor) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The undertakings are taken to be a term of the agreement.

[4] Subject to the Undertakings, 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd sought approval of an Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement complied with the procedural and substantive provisions of the Act. The primary issues for the Commission to decide were whether the agreement had been made in accordance with the procedural requirements and whether it contained the necessary substantive elements to be considered a lawful enterprise agreement.

The Commission examined the process by which the agreement was made, including the extent of employee consultation and the manner in which the agreement was presented to the employees for their consideration and vote. It also considered whether the agreement contained all the mandatory terms required by the Act, such as minimum rates of pay and maximum weekly hours of work. The Commission evaluated the fairness of the agreement in light of the economic and industrial context in which it was made. After thorough deliberation, the Commission concluded that the agreement was procedurally sound and contained all the mandatory terms, thus meeting the statutory criteria for approval.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2018, finding that it was made in accordance with the requirements of the Fair Work Act 2009. The Commission issued its decision and approval order, confirming the agreement's validity and binding effect between the parties. The approval was effective from the date specified in the agreement, and both parties were directed to implement the terms in accordance with the approved agreement.

Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established