DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clayton Church Homes Inc
(AG2019/1104)

CLAYTON CHURCH HOMES NURSING EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JUNE 2019

Application for approval of the Clayton Church Homes Nursing Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Clayton Church Homes Nursing Employees Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Clayton Church Homes Inc. 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.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing & Midwifery Federation South Australian Branch 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) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Clayton Church Homes Inc is an applicant seeking approval of the Clayton Church Homes Nursing Employees Enterprise Agreement 2018. The application was made to the Fair Work Commission. The agreement in question seeks to govern the employment terms of nurses working for Clayton Church Homes Inc. The primary dispute revolves around the classification of the employees under the agreement and the conditions of their employment, including wages and working conditions.

The key legal issues before the court were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it was free from prohibited content, whether it provided for a streamlined procedure for future bargaining, and whether it facilitated the efficient and productive operation of the enterprise. The court had to determine if the agreement was in the public interest and whether it appropriately balanced the rights and obligations of the employer and the employees.

The Fair Work Commission found that the agreement was largely compliant with the requirements of the Fair Work Act 2009. The court noted that the agreement included necessary streamlined bargaining provisions and did not contain any content that was prohibited under the Act. The Commission concluded that the agreement facilitated the efficient and productive operation of the enterprise and was in the public interest. Consequently, the Commission approved the Clayton Church Homes Nursing Employees Enterprise Agreement 2018.

Clayton Church Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established