| [2024] FWCA 3515 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Edgarley Home Inc T/A Edgarley Assisted Living
(AG2024/3195)
EDGARLEY HOME INC – AGED CARE VICTORIA ENTERPRISE AGREEMENT 2023-2026
| Aged care industry | |
| COMMISSIONER TRAN | MELBOURNE, 4 OCTOBER 2024 |
Application for approval of the Edgarley Home Enterprise Agreement 2023-2025
Edgarley Home Inc T/A Edgarley Assisted Living (the Applicant) has applied for approval of an enterprise agreement known as the Edgarley Home Enterprise Agreement 2023-2025 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).
The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided and clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate in accordance with s 54 of the Act.
In accordance with Clause 5.1, the nominal expiry date of the Agreement is 30 November 2026.
COMMISSIONER
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APPENDIX A
- AGLC
- Edgarley Home Inc T/A Edgarley Assisted Living [2024] FWCA 3515
- Case
- [2024] FWCA 3515
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. Specifically, the court needed to ensure that the agreement provided more beneficial entitlements than the National Employment Standards (NES) where there were inconsistencies between the agreement and the NES. Additionally, the court had to confirm that the agreement was not detrimental to the employees and that it did not result in substantial changes to the existing terms of employment.
Upon review, the Commissioner found that the agreement met all the statutory requirements for approval. The Commissioner was satisfied that the more beneficial entitlements of the NES would prevail in cases of inconsistency, as stipulated in clause 4.3 of the agreement. Furthermore, the Commissioner noted the statutory declarations from the ANMF and the HSU, acknowledging that the agreement would cover them. Consequently, the Commissioner approved the agreement, which will operate according to the terms outlined, with a nominal expiry date of 30 November 2026.
The court's decision resulted in the approval of the Edgarley Home Enterprise Agreement 2023-2025. The agreement will now be in effect, subject to the written undertakings provided by the applicant and the terms specified within the agreement. The Commissioner's approval ensures that the agreement complies with the relevant sections of the Fair Work Act and will govern the employment conditions for the specified period until its expiry.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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