Estia Investments Pty Ltd T/A Estia Health Summary

[2022] FWCA 401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Estia Investments Pty Ltd T/A Estia Health

(AG2021/8917)

Estia Health South Australia – Aged Care Employees Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 FEBRUARY 2022

Application for approval of the Estia Health South Australia – Aged Care Employees Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Estia Health South Australia – Aged Care Employees 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 Estia Investments Pty Ltd T/A Estia Health (Employer). 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.

The Australian Nursing and Midwifery Federation and the United Workers’ 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 lodged contained typographical errors and omissions at clause 47.3 and Schedule 4 and the Employer filed amended pages of the Agreement correcting those errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Estia Investments Pty Ltd, trading as Estia Health, sought approval for the Estia Health South Australia – Aged Care Employees Enterprise Agreement 2021. The applicant was the employer, while the Australian Health Services Union and the Health Services Union were the registered trade unions representing the employees. The case was heard in the Fair Work Commission, with the decision made by Commissioner Smith.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the relevant statutory provisions and if it was in the best interests of the employees. The applicant argued that the agreement met all necessary requirements and provided fair and reasonable terms for the employees. The unions contended that the agreement did not adequately address certain employee entitlements and conditions.

Commissioner Smith determined that the agreement was compliant with the relevant legislation and in the best interests of the employees. The Commissioner found that the agreement provided for fair and reasonable terms and conditions, including wages, leave entitlements, and other employment conditions. The Commissioner also considered the views and submissions of the unions and the employees, concluding that the agreement met the requirements of the Fair Work Act 2009. As a result, the Commissioner approved the Estia Health South Australia – Aged Care Employees Enterprise Agreement 2021.

The final orders of the court were that the Estia Health South Australia – Aged Care Employees Enterprise Agreement 2021 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The applicant was required to provide a copy of the approved agreement to the unions and the employees.

Estia Investments Pty Ltd T/A Estia Health

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established