DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Croatian Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility
(AG2018/5126)

CROATIAN, UKRAINIAN AND BELARUSIAN AGED CARE ASSOCIATION AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Croatian, Ukrainian and Belarusian Aged Care Association Aged Care Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Croatian, Ukrainian and Belarusian Aged Care Association Aged Care Employees 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 Croatian Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility. 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 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 19 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Croatian Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility, the Fair Work Commission was tasked with determining whether to approve a proposed enterprise agreement. The association, which operates an aged care facility, sought approval for the Croatian, Ukrainian and Belarusian Aged Care Association Aged Care Employees Enterprise Agreement 2018. This agreement was intended to regulate the terms and conditions of employment for the staff of the association.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement contained all the mandated terms, if it was free from prohibited content, and whether it had been fairly negotiated. A secondary issue involved the interpretation of certain provisions in the agreement to ensure they complied with the law and were not unfairly prejudicial to any party.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act. It found that the agreement did contain all the mandated terms and did not include any prohibited content. The Commission also concluded that the agreement had been fairly negotiated, as evidenced by the process followed by the parties. The interpretation of specific provisions revealed that they were consistent with the law and did not unfairly disadvantage any party. Based on these findings, the Commission approved the agreement.

In light of the approval, the Commission made orders confirming the registration of the Croatian, Ukrainian and Belarusian Aged Care Association Aged Care Employees Enterprise Agreement 2018. This decision ensures that the terms of the agreement are legally binding on the parties and can be enforced accordingly.

Croatian Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established