DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coburg Home For The Aged Inc. T/A Dorothy Impey Home
(AG2019/9)

DOROTHY IMPEY HOME AGED CARE ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the Dorothy Impey Home Aged Care Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dorothy Impey Home Aged 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 Coburg Home For The Aged Inc. T/A Dorothy Impey Home. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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.

[6] The Australian Nursing and Midwifery Federation and the 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Coburg Home For The Aged Inc., trading as Dorothy Impey Home, the Fair Work Commission was asked to approve an enterprise agreement between the applicant and its employees. The agreement in question was the Dorothy Impey Home Aged Care Enterprise Agreement 2018. The dispute centred around the terms of the agreement, specifically whether they met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue the Fair Work Commission had to resolve was whether the enterprise agreement complied with the provisions of the Act. This included whether the agreement was made in good faith and if it provided for the proper classification and remuneration of employees, as well as other minimum entitlements. The Commission also had to consider whether the agreement was made in accordance with the procedures set out in the Act, particularly whether proper consultation and notification requirements were met.

The Fair Work Commission found that the Dorothy Impey Home Aged Care Enterprise Agreement 2018 was compliant with the relevant legal standards. The Commission determined that the agreement had been made in good faith, provided for appropriate classification and remuneration of employees, and included necessary minimum entitlements. The Commission also concluded that the agreement had been made following the appropriate procedures, with adequate consultation and notification to employees. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Dorothy Impey Home Aged Care Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision provides certainty and clarity for the applicant and its employees regarding the terms of their employment.

Coburg Home For The Aged Inc. T/A Dorothy Impey Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established