| [2024] FWCA 1928 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Corumbene Nursing Home For The Aged Inc. T/A Corumbene Care
(AG2024/1389)
CORUMBENE NURSING HOME FOR THE AGED INC. GENERAL AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER WILSON | MELBOURNE, 28 MAY 2024 |
Application for approval of the Corumbene Nursing Home for the Aged Inc. General Agreement 2023
An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc. General Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corumbene Nursing Home For The Aged Inc. T/A Corumbene Care. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 18 December 2023 and the Agreement was made on 16 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 Health Services Union and the Australian Nursing and Midwifery Federation 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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<AE524777 PR775377>
- AGLC
- Corumbene Nursing Home For The Aged Inc. T/A Corumbene Care [2024] FWCA 1928
- Case
- [2024] FWCA 1928
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing fair and reasonable terms of employment. The Commission had to consider whether the agreement provided for fair remuneration, reasonable working conditions, and other terms that were in line with industry standards and practices. Additionally, the Commission examined whether the agreement allowed for proper consultation and negotiation between the employer and the employees' representatives.
The Commission concluded that the proposed agreement was fair and reasonable. It found that the agreement provided for terms and conditions that were consistent with industry standards and practices, and that the process of negotiation and consultation was appropriate. The Commission noted that the agreement included provisions for fair remuneration, reasonable working conditions, and other terms that were necessary to ensure the welfare of the employees. Furthermore, the Commission found that the agreement facilitated a balanced approach to resolving disputes and provided mechanisms for ongoing consultation between the parties. Based on these findings, the Commission approved the Corumbene Nursing Home for the Aged Inc. General Agreement 2023.
The Commission's decision was final and binding, and the approval of the agreement was granted. The approved agreement will now serve as the basis for the terms of employment for staff within the nursing home, subject to the provisions of the Fair Work Act 2009.
Orders
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Background
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Evidence
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