DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd T/A Estia Health
(AG2017/4544)

ESTIA HEALTH QLD ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Estia Health QLD Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Estia Health QLD 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 Estia Investments Pty Ltd T/A Estia Health. The Agreement is a single enterprise agreement.

[2] 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.

[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, the Australian Workers’ Union and Queensland Nurses and Midwives’ Union of Employees 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 organisation.

[5] The Agreement was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Estia Investments Pty Ltd, trading as Estia Health, applied to the Fair Work Commission for approval of the Estia Health Queensland Enterprise Agreement 2017. The applicants sought to have the agreement registered under the Fair Work Act 2009, to give it legal effect as a binding enterprise agreement. The dispute involved the terms of the proposed agreement, which was to govern the employment conditions of approximately 3,000 workers across various roles within the Estia Health facilities in Queensland.

The legal issues before the Commission included whether the agreement complied with the formal requirements of the Fair Work Act and the Fair Work Regulations, including the necessity for a majority of employees to vote in favour of the agreement. Additionally, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and other employment-related matters. The applicants argued that the agreement was fair and reasonable, while some employee representatives contended that certain provisions did not adequately address the needs of the workforce.

In considering the application, the Fair Work Commission examined the voting process and the outcome, confirming that the necessary majority had indeed approved the agreement. The Commission also assessed the substantive terms of the agreement, finding that they met the statutory requirements for fairness and reasonableness. The Commission concluded that the proposed agreement was compliant with the legislative requirements and approved its registration.

The Fair Work Commission made an order approving the Estia Health Queensland Enterprise Agreement 2017, effective from the date of registration. This decision grants the agreement legal status, making it a binding enterprise agreement under the Fair Work Act for the employees covered by the agreement.

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