DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarinda Manor Pty Ltd T/A Clarinda Manor
(AG2019/1487)

CLARINDA MANOR PTY LTD VICTORIA ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JULY 2019

Application for approval of the Clarinda Manor Pty Ltd Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clarinda Manor Pty Ltd Victoria Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarinda Manor Pty Ltd T/A Clarinda Manor. 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] 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 (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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 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

Clarinda Manor Pty Ltd, trading as Clarinda Manor, sought approval of its 2019 Enterprise Agreement from the Fair Work Commission. The application was brought forth as the proposed agreement had not been approved by the required majority of employees. The nature of the dispute centred on whether the agreement met the statutory requirements for approval, specifically the need for a majority of employees to vote in favour of the agreement. The case was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The legal issues the court was required to decide involved whether the proposed agreement complied with the necessary provisions of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether the requisite majority of employees had been achieved. The court also needed to determine if any procedural irregularities had occurred during the voting process that could impact the agreement's validity.

The court examined the voting process and found it to be conducted fairly and without procedural errors. It also assessed whether the agreement met the good faith test, which requires that the agreement is made without coercion, fraud, or mistake, and that it is reasonable in terms of its content. The court determined that the agreement was made in good faith and that a majority of employees had indeed voted in favour of it. Consequently, the court approved the agreement, finding it to comply with the statutory requirements.

The Fair Work Commission approved the Clarinda Manor Pty Ltd Victoria Enterprise Agreement 2019, finding that the agreement was made in good faith and that the necessary majority of employees had voted in its favour. The court's decision ensured that the agreement could now be implemented as per its terms.

Clarinda Manor Pty Ltd T/A Clarinda Manor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established