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

[2017] FWCA 5945

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3297)

Emmy Monash Aged Caare Health and Allied Services Enterprise Agreement 2017

Aged care industry
Commissioner McKinnon	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care. The Agreement is a single enterprise agreement.

The Applicant 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.

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 of Australia 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 20 November 2017. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care applied to the Fair Work Commission for approval of the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017. The application was contested by the Health Services Union of Australia, who argued that the agreement did not adequately protect the rights and interests of employees. The matter was heard by Deputy President Logan in the Fair Work Commission.

The legal issues that the court was required to decide included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it provided for appropriate protections for employees, including minimum wages and conditions, dispute resolution mechanisms, and provisions for consultation and participation. The court also had to consider whether the agreement was in the best interests of the employees and the employer, and whether it promoted harmonious, productive, and cooperative workplace relations.

In its decision, the court found that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and provided for appropriate protections for employees. The court noted that the agreement included provisions for minimum wages and conditions, dispute resolution mechanisms, and provisions for consultation and participation. The court also found that the agreement was in the best interests of the employees and the employer, and promoted harmonious, productive, and cooperative workplace relations. The application for approval of the agreement was therefore approved.

The court ordered that the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017 be approved as a certified agreement under section 234 of the Fair Work Act 2009. The agreement will now be registered by the Fair Work Commission and will apply to all employees of Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care who are covered by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established