DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Croatian, Ukrainian & Belarusian Aged Care Association of SA T/A St Anna’s Residential Care Facility
(AG2018/604)

CROATIAN, UKRAINIAN, BELARUSIAN AGED CARE ASSOCIATION NURSING EMPLOYEES (AGED CARE) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Croatian, Ukrainian, Belarusian Aged Care Association Nursing Employees (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 Croatian, Ukrainian & Belarusian Aged Care Association of SA T/A St Anna’s Residential Care Facility. The Agreement is a single enterprise agreement.

[2] The Applicant 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 27 June 2018. The nominal expiry date of the Agreement is 14 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Croatian, Ukrainian & Belarusian Aged Care Association of SA T/A St Anna’s Residential Care Facility, the Fair Work Commission was tasked with approving an enterprise agreement. The association, which operates a residential care facility, sought approval of the Croatian, Ukrainian, Belarusian Aged Care Association Nursing Employees (Aged Care) Enterprise Agreement 2018. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved.

The primary legal issue before the Commission was whether the agreement fulfilled the requirements for approval, including whether it was free from prohibited content, fairly negotiated, and met the procedural requirements. A significant point of contention was the association’s argument that the agreement should be approved under the "better off overall test" even if some employees would be worse off, based on the notion that the overall benefits to the majority outweighed the detriments to the minority.

The Fair Work Commission found that the agreement satisfied the requirements for approval. The Commission noted that while some employees would experience a reduction in their conditions, the overall effect of the agreement was to provide better terms and conditions for the majority of employees. The Commission was satisfied that the agreement was free from prohibited content and was fairly negotiated. Additionally, it was determined that the procedural requirements for approval were met, including the provision of necessary information to employees and the opportunity for objections. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees overall.

Croatian, Ukrainian & Belarusian Aged Care Association of SA 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