| [2022] FWCA 1453 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Edith Bendall Lodge Inc.
(AG2022/848)
Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021
| Aged care industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 29 APRIL 2022 |
Application for approval of the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Edith Bendall Lodge Inc. 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.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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 6 May 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515827 PR741093>
Annexure A
- AGLC
- Edith Bendall Lodge Inc. [2022] FWCA 1453
- Case
- [2022] FWCA 1453
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around the negotiation process of the agreement, whether it was conducted in good faith and whether the agreement provided adequate protections and entitlements for the employees. The opposing parties argued that the agreement did not adequately represent the employees' interests and failed to comply with certain provisions of the Fair Work Act. The Commission needed to determine if the agreement was genuinely negotiated and if it complied with the legal standards for enterprise agreements.
The Commission found that the agreement was genuinely negotiated and met the necessary legal requirements. It was determined that the negotiation process was conducted in good faith and that the agreement provided adequate protections and entitlements for the employees. The Commission approved the Edith Bendall Lodge Inc. 2021 Enterprise Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union, dismissing the opposition. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and provide adequate protections and entitlements for employees, while also respecting the autonomy of the parties involved in the negotiation process.
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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