DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd T/A Estia Health
(AG2021/4217)

ESTIA HEALTH QUEENSLAND ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MAY 2021

Application for approval of the Estia Health Queensland Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Estia Health Queensland Enterprise Agreement 2020 (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. 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. Pursuant to s.201(3), 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation (ANMF) and The Australian Workers’ Union (AWU) 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.

[5] The Agreement was approved on 28 May 2021 and, in accordance with s.54, will operate from 4 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Estia Investments Pty Ltd, trading as Estia Health, and the Health Services Union of Australia, Queensland Branch. The dispute centred around the approval of the Estia Health Queensland Enterprise Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement appropriately addressed the minimum entitlements of the employees, whether it complied with the provisions for good faith bargaining, and whether it was made in good faith. The Commission also needed to consider if the agreement contained provisions that were contrary to public policy or that were otherwise invalid.

In its decision, the Commission found that the agreement did indeed meet the necessary standards. It provided for the minimum entitlements as required by the Act and was made in good faith. The Commission also determined that none of the provisions were contrary to public policy or otherwise invalid. As such, the application for approval of the Estia Health Queensland Enterprise Agreement 2020 was approved. The Commission highlighted the importance of such agreements in ensuring that employees' rights and employers' obligations are properly balanced and fairly negotiated.

Estia Investments Pty Ltd T/A Estia Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established