DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmerton Park Incorporated T/A Emmerton Park
(AG2019/2401)

EMMERTON PARK INCORPORATED STAFF AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 AUGUST 2019

Application for approval of the Emmerton Park Incorporated Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Emmerton Park Incorporated Staff 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 Emmerton Park Incorporated T/A Emmerton Park. 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] I note that Clause 18.2 is inconsistent with the National Employment Standards (NES) as the clause provides a shift worker definition that is not consistent with the NES. Given the National Employment Standards precedence clause at clause 18 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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 5 September 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emmerton Park Incorporated T/A Emmerton Park applied to the Fair Work Commission for approval of the Emmerton Park Incorporated Staff Agreement 2018. The applicant is an incorporated association that provides aged care services in Sydney. The application was brought under section 234 of the Fair Work Act 2009, which provides that the Commission may approve an agreement if it is satisfied that the agreement provides for fair and equitable terms and conditions.

The legal issues before the Commission were whether the terms of the agreement were fair and equitable, and whether the agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and other employment-related matters. The Commission also considered submissions from the parties and relevant industry benchmarks in making its decision.

After considering the evidence and submissions, the Commission found that the agreement provided for fair and equitable terms and conditions of employment. The Commission noted that the agreement provided for pay rates and conditions that were consistent with industry benchmarks, and that the agreement included provisions for flexible working arrangements and other employee benefits. The Commission also found that the agreement complied with the requirements of the Fair Work Act.

The Commission approved the Emmerton Park Incorporated Staff Agreement 2018. The agreement will now apply to the employees of the applicant from the date of the Commission's decision. The applicant is now bound by the terms of the agreement, and its employees are entitled to the benefits and protections provided by the agreement.

Emmerton Park Incorporated T/A Emmerton Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established