DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Claremont & Southport Aged Care Limited
(AG2018/2059)

CASPA CARE ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 10 AUGUST 2018

Application for approval of the CaSPA Care Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CaSPA Care 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 Claremont & Southport Aged Care Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Claremont & Southport Aged Care Limited, a company providing aged care services, was a party to an enterprise agreement, the CaSPA Care Enterprise Agreement 2018. The company applied to the Fair Work Commission for approval of the agreement. The application was made under section 230 of the Fair Work Act 2009. The nature of the dispute involved whether the agreement met the requirements of the Act for approval. The application was heard by the Fair Work Commission.

The primary legal issue for the Commission was whether the agreement was a lawful and appropriate enterprise agreement. This required consideration of several factors, including whether the agreement was made in good faith, whether the parties had engaged in genuine bargaining, and whether the agreement complied with the relevant provisions of the Act, including those relating to minimum entitlements and terms. The Commission also had to consider whether the agreement provided for the resolution of future disputes between the parties.

The Fair Work Commission determined that the agreement was a lawful and appropriate enterprise agreement. The Commission found that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The agreement was also found to comply with the relevant provisions of the Act, including those relating to minimum entitlements and terms. The Commission noted that the agreement provided for the resolution of future disputes between the parties and that it contained a dispute resolution procedure. The application for approval was therefore granted.

The Commission made an order approving the CaSPA Care Enterprise Agreement 2018 as a lawful and appropriate enterprise agreement. The agreement was to be registered with the Fair Work Commission and would be binding on the parties from the date of registration. The order also provided for the agreement to be published on the Fair Work Commission’s website.

Claremont & Southport Aged Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established