Emmy Monash Aged Care Inc. T/A Emmy Monash Aged Care

[2021] FWCA 5851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmy Monash Aged Care Inc. T/A Emmy Monash Aged Care
(AG2021/6680)

EMMY MONASH AGED CARE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Emmy Monash Aged Care Agreement 2021

[1] Emmy Monash Aged Care Inc. T/A Emmy Monash Aged Care (the Employer) has made an application for approval of an enterprise agreement known as the Emmy Monash Aged Care Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] The Health Services Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 16 September 2021 and, in accordance with s 54, will operate from 23 September 2021. The nominal expiry date of the Agreement is 30 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Emmy Monash Aged Care Inc. T/A Emmy Monash Aged Care, the case was brought before the Fair Work Commission to seek approval for the Emmy Monash Aged Care Agreement 2021. The applicant, Emmy Monash Aged Care Inc., sought to formalise the employment terms for its staff through this agreement. The primary dispute involved the terms and conditions outlined in the proposed agreement and whether they complied with the relevant industrial instruments and laws.

The central legal issue before the Commission was whether the Emmy Monash Aged Care Agreement 2021 provided fair and reasonable terms and conditions for the employees, and if it complied with the Fair Work Act 2009 and other applicable industrial instruments. The Commission needed to assess whether the proposed agreement addressed the employees' rights, obligations, and entitlements adequately and if it met the standards of procedural fairness and substantive fairness as required by the law.

The Fair Work Commission reviewed the application and the proposed agreement in detail. It considered the evidence presented by both the applicant and the employees' representatives. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees, aligning with the requirements of the Fair Work Act and other relevant industrial instruments. The agreement was found to be procedurally and substantively fair, and it appropriately addressed the employees' rights, obligations, and entitlements. Consequently, the Commission approved the Emmy Monash Aged Care Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established