Echuca Benevolent Society Inc T/A Echuca Community for the Aged

[2024] FWCA 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Echuca Benevolent Society Inc T/A Echuca Community for the Aged

(AG2024/1749)

ECHUCA BENEVOLENT SOCIETY INC. (TRADING AS ECHUCA COMMUNITY FOR THE AGED), ANMF AND HWU ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2024

Application for approval of the Echuca Benevolent Society Inc. (trading as Echuca Community for the Aged), ANMF and HWU Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Echuca Benevolent Society Inc. (trading as Echuca Community for the Aged), ANMF and HWU Enterprise 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 Echuca Benevolent Society Inc T/A Echuca Community for the Aged. The Agreement is a single enterprise agreement.

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 and 190 as are relevant to this application for approval have been met.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2024. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Echuca Benevolent Society Inc., trading as Echuca Community for the Aged, an application for approval of the Echuca Benevolent Society Inc. (trading as Echuca Community for the Aged), the Australian Nursing and Midwifery Federation (ANMF) and the Health Workers' Union (HWU) Enterprise Agreement 2023 was heard in the Fair Work Commission. The application sought the Commission's approval of the agreement, which outlined terms and conditions of employment for employees covered by the agreement. The Echuca Benevolent Society Inc. argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the requirements for approval.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. This involved determining if the agreement contained appropriate minimum terms, was free from prohibited content, and was not unfairly drawn. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the employer. The ANMF and HWU submitted that certain provisions did not comply with the Act and were therefore unenforceable.

The Commission, after reviewing the agreement and the submissions from both parties, found that the agreement contained appropriate minimum terms and did not include any prohibited content. The Commission determined that while some provisions could be improved, they did not prevent the agreement from being fairly drawn. The Commission was satisfied that the agreement was in the best interests of both the employees and the employer, and approved the application. The agreement was thus approved and will now be binding on the parties.

The Fair Work Commission approved the Echuca Benevolent Society Inc. (trading as Echuca Community for the Aged), the Australian Nursing and Midwifery Federation and the Health Workers' Union Enterprise Agreement 2023. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established