DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eventide Homes (Stawell) Inc.
(AG2018/5759)

EVENTIDE HOMES (STAWELL) INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2019

Application for approval of the Eventide Homes (Stawell) Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eventide Homes (Stawell) Inc., ANMF and HSU 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 Eventide Homes (Stawell) Inc. 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.

[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.

[4] I note that Clause 54.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eventide Homes (Stawell) Inc. was the subject of an application for approval of an enterprise agreement between the company and the Australian Nurses and Midwives Federation and the Health Services Union. The application was heard by the Fair Work Commission (FWC). The dispute involved whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for approval by the FWC. The core legal issues were whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Act.

The FWC examined the process by which the agreement was negotiated and whether there was evidence of genuine bargaining. The Commission considered the provisions of the agreement, including pay rates, working conditions, and dispute resolution mechanisms, to determine if they met the minimum standards set by the Act. Additionally, the FWC assessed whether the agreement complied with the provisions of the Act regarding its content, including the mandatory provisions that must be included in an enterprise agreement. After thorough examination, the FWC found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The agreement was deemed to comply with the Act and was approved by the Commission.

The FWC's approval of the enterprise agreement means that it will now be binding on the parties from the date of the decision. This outcome ensures that the terms of the agreement will govern the employment conditions of the parties involved, including pay rates, working conditions, and dispute resolution processes. The approval of the agreement reflects the FWC's determination that it meets all legal requirements for such agreements under the Fair Work Act 2009.

Eventide Homes (Stawell) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established