DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daylesford Aged Care Services Pty Ltd T/A Hepburn House
(AG2018/3443)

HEPBURN HOUSE, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2019

Application for approval of the Hepburn House, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hepburn House, ANMF and HSU 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 Daylesford Aged Care Services Pty Ltd T/A Hepburn House. 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Daylesford Aged Care Services Pty Ltd T/A Hepburn House, the Australian Industrial Relations Commission was presented with an application for approval of the Hepburn House, ANMF and HSU Enterprise Agreement 2018. The dispute arose between the employer, Daylesford Aged Care Services, and two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), regarding the terms and conditions of employment for staff working at Hepburn House. The central issue was whether the proposed enterprise agreement should be approved by the Commission, considering the unions' claims and the employer's counterarguments.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the approval process for enterprise agreements. Key points of contention included the adequacy of the agreement in terms of providing fair and reasonable conditions for the employees, as well as whether the agreement met the statutory requirements for approval. The unions argued that the proposed agreement adequately protected the employees' interests, while the employer contended that certain provisions were overly restrictive and could negatively impact operational efficiency.

The Commission thoroughly examined the provisions of the agreement and the submissions made by both parties. It considered the balance between the employees' need for fair and reasonable conditions and the employer's need for operational flexibility. The Commission found that the agreement, while not perfect, provided a fair and reasonable basis for the employees' conditions of employment and did not unduly restrict the employer's operational capacity. Therefore, the Commission approved the Hepburn House, ANMF and HSU Enterprise Agreement 2018, subject to the terms outlined in the decision.

Daylesford Aged Care Services Pty Ltd T/A Hepburn House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established