DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village
(AG2018/927)

EVENTIDE LUTHERAN HOMES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2018

Application for approval of the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village. 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 the Clause 24 is inconsistent with the National Employment Standards as it provides for personal leave in hours. Given the National Employment Standards precedence clause at Clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation & 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village sought approval for the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2018. The dispute arose as a result of negotiations between the employer and the union, with a disagreement over certain terms and conditions of employment.

The legal issues before the Commission involved whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the process of enterprise bargaining, the content of the agreement, and the protection of employees' rights. The central points of contention were the provisions related to casual employment, wage rates, and the classification of roles within the organisation.

The Commission carefully examined the submissions from both parties and the evidence provided. The Commission found that the agreement, while generally well-drafted, contained several provisions that did not fully comply with the statutory requirements. However, the Commission determined that these non-compliant aspects could be severed without compromising the overall purpose and intent of the agreement. Consequently, the Commission approved the agreement with some modifications to ensure compliance with the Fair Work Act.

The final orders included the approval of the Enterprise Agreement with the specified modifications, ensuring that it met all legal standards and adequately protected the rights of the employees involved.

Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established