Christine Sacco T/A Klc Recruitment Pty Ltd Summary

[2025] FWCA 345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christine Sacco T/A Klc Recruitment Pty Ltd

(AG2024/4992)

DOMINICAN SISTERS OF MALTA IN VICTORIA LIMITED (TRADING AS ROSARY HOME), ANMF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 29 JANUARY 2025

Application for approval of the Dominican Sisters of Malta in Victoria Limited (Trading as Rosary Home), ANMF and HWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Dominican Sisters of Malta in Victoria Limited (Trading as Rosary Home), ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christine Sacco T/A Klc Recruitment Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Health Workers Union (HWU) and Australian Nursing and Midwifery Federation (ANMF) 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 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Christine Sacco, trading as Klc Recruitment Pty Ltd, and the Dominican Sisters of Malta in Victoria Limited, trading as Rosary Home, along with the Australian Nursing and Midwifery Federation and Health Workers Union. The dispute pertained to the application for approval of the Enterprise Agreement 2024, which was being contested in the Fair Work Commission. Christine Sacco argued that the agreement was unfair, citing specific provisions regarding the classification and pay rates of employees. The parties contested whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the agreement was procedurally fair and substantively fair. Procedural fairness involved examining if the agreement was made in good faith, without coercion, and with proper disclosure of information. Substantive fairness related to the agreement's terms, including whether they were reasonable in the context of the enterprise, employees' rights, and employers' needs. Additionally, the court needed to determine if the agreement provided appropriate protections and benefits for the employees involved.

The Fair Work Commission concluded that the agreement was procedurally fair, as there was evidence of good faith bargaining, proper disclosure, and no coercion. Regarding substantive fairness, the court found that while some provisions were contentious, the overall agreement provided a fair balance between the rights and needs of the employees and the employer. The court noted that the agreement included adequate protections for employees and reasonable terms that reflected the needs of the enterprise. Based on this analysis, the commission approved the Enterprise Agreement 2024.

Christine Sacco T/A Klc Recruitment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established