Fairway Bayside Aged Care Limited T/A Fairway Bayside Aged Care Summary

[2022] FWCA 1558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fairway Bayside Aged Care Limited T/A Fairway Bayside Aged Care

(AG2022/1305)

Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 MAY 2022

Application for approval of the Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairway Bayside Aged Care Limited T/A Fairway Bayside Aged Care. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notices 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 is approved and, in accordance with s.54 of the Act, will operate from 18 May 2022. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fairway Bayside Aged Care Limited T/A Fairway Bayside Aged Care, the applicant sought approval of the Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The applicant, Fairway Bayside Aged Care, wished to secure the terms of the agreement for its workforce, including wages and conditions, while the decision was contested by the Australian Nursing and Midwifery Federation and the Health Services Union.

The legal issues that the commission was required to decide related to the fairness and appropriateness of the proposed agreement. These included whether the agreement complied with the Fair Work Act and whether it contained all the required provisions, including minimum wage rates and conditions. The commission also had to consider whether the agreement was free from any unfair content, meaning that it did not unjustifiably discriminate or cause harm to any party. Furthermore, the commission needed to ensure that the agreement had been genuinely negotiated and that all parties had an opportunity to contribute to its terms.

The Fair Work Commission examined the agreement clause by clause, confirming that it met all legislative requirements and contained no unfair content. The commission found that the agreement had been genuinely negotiated and that all parties had been given an opportunity to contribute to its terms. As a result, the commission approved the Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022. The decision was made in favour of the applicant, allowing the terms of the agreement to be implemented.

The final orders of the commission were that the Fairway Bayside Aged Care Limited (trading as Fairway Bayside Aged Care), ANMF and HSU Enterprise Agreement 2022 be approved as of 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 commission's decision was binding on all parties and provided certainty and stability for the workforce of Fairway Bayside Aged Care.

Fairway Bayside Aged Care Limited T/A Fairway Bayside Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established