Claremont and Southport Aged Care Ltd

[2022] FWCA 3098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Claremont and Southport Aged Care Ltd

(AG2022/3601)

CaSPA Care Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT BELL	MELBOURNE, 7 SEPTEMBER 2022

Application for approval of the CaSPA Care Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the CaSPA Care Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Claremont and Southport Aged Care Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and Health Services Union, 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 organisation.

The Agreement was approved on 7 September 2022 and, in accordance with s.54, will operate from 14 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Claremont and Southport Aged Care Ltd (the applicant) applied to the Fair Work Commission for the approval of the CaSPA Care Enterprise Agreement 2022. The agreement was intended to cover employees who are members of the Health Services Union of Australia and the Australian Nursing and Midwifery Federation. The application was contested by the Health Services Union of Australia, which argued that the agreement did not adequately address several issues, including the payment of allowances, access to training, and the definition of 'care'. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a bona fide enterprise agreement, if it provided for the appropriate matters, and if it complied with the good faith requirements of the Act.

The Commission noted that the agreement contained provisions for the payment of allowances, access to training, and a definition of 'care', and found that these provisions were appropriate and in good faith. The Commission further found that the agreement was a bona fide enterprise agreement, as it was negotiated in good faith, and contained provisions that were appropriate and met the requirements of the Act. The Commission approved the agreement, noting that it provided for the appropriate matters and complied with the good faith requirements of the Act.

The Commission made orders approving the CaSPA Care Enterprise Agreement 2022, subject to the conditions set out in the agreement. The agreement was approved as a certified agreement for the purposes of the Fair Work Act 2009. The Health Services Union of Australia's contest of the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established