DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunmunkle Lodge Inc
(AG2020/337)

DUNMUNKLE LODGE ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 15 APRIL 2020

Application for approval of the Dunmunkle Lodge Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dunmunkle Lodge Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dunmunkle Lodge Inc. 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. The undertakings are taken to be a term of 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 and the Health Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2020. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dunmunkle Lodge Inc applied for approval of the Dunmunkle Lodge Enterprise Agreement 2020. The applicant is an employer operating in the aged care sector, and the agreement governs the employment of the applicant's employees, who are represented by the Health Services Union of Australia. The dispute centred on the fairness and compliance of the agreement with relevant legislative provisions.

The primary legal issues before the Commission were whether the agreement provided for the appropriate balance of rights and obligations between the parties, and whether it complied with the Fair Work Act 2009, including its requirement for a genuine enterprise agreement. The Commission also needed to determine if the agreement was made in good faith and without coercion, as required by the Act.

The Commission examined the bargaining process and the content of the agreement, considering submissions from both parties. It found that the agreement was the product of genuine and uncoerced bargaining, with the union and employer engaging in a comprehensive negotiation process. The Commission was satisfied that the agreement met the standards of procedural fairness and substantive fairness, and that it provided for a reasonable balance of rights and obligations. The Commission approved the agreement, finding it to be a genuine enterprise agreement that complied with the Fair Work Act.

The Commission issued an order approving the Dunmunkle Lodge Enterprise Agreement 2020 as a registered agreement. The approval was subject to the agreement being registered with the Fair Work Commission, and it would then be in effect from the date of registration. The decision underscored the importance of a fair and transparent bargaining process, and the need for enterprise agreements to meet the statutory requirements for approval.

Dunmunkle Lodge Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established