DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christadelphian Homes Limited T/A Christadelphian Aged Care
(AG2019/4192)

CHRISTADELPHIAN AGED CARE (NSW) ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 DECEMBER 2019

Application for approval of the Christadelphian Aged Care (NSW) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Christadelphian Aged Care (NSW) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation NSW Branch and the Health Services Union NSW Branch being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christadelphian Homes Limited T/A Christadelphian Aged Care sought approval for the Christadelphian Aged Care (NSW) Enterprise Agreement 2019 from the Fair Work Commission (FWC). The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the aged care facility operated by Christadelphian Homes.

The legal issues before the Commission included whether the enterprise agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the relevant provisions of the Fair Work Act and the National Employment Standards (NES). The Commission also had to consider whether the agreement provided for a good faith bargaining process and if it met the requirements of the Better Off Overall Test (BOOT).

In determining the application, the FWC examined the proposed agreement's provisions against the NES, focusing on areas such as maximum weekly hours, penalty rates, leave entitlements, and other conditions of employment. The Commission considered the evidence presented by the parties, including submissions on the bargaining process and the impact of the agreement on the employees. After assessing the evidence, the FWC concluded that the proposed agreement met the requirements for approval under the Fair Work Act and was considered fair and reasonable for the employees.

The FWC approved the Christadelphian Aged Care (NSW) Enterprise Agreement 2019, effective from 1 April 2019. The approved agreement sets out the terms and conditions of employment for the workers at the aged care facility, ensuring they are better off overall compared to the applicable awards and the NES. The Commission found that the agreement provided for a fair and reasonable outcome for the employees and complied with the relevant statutory requirements.

Christadelphian Homes Limited T/A Christadelphian Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established