DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael’s Home for the Aged
(AG2017/5544)

ST. RAPHAEL’S HOME FOR THE AGED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMNT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 12 APRIL 2018

Application for approval of the St. Raphael’s Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St. Raphael’s Home for the Aged Nursing Employees (Aged Care) & ANMF 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 Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael’s Home for the Aged. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated, trading as St Raphael’s Home for the Aged, made an application to the Fair Work Commission for the approval of the St. Raphael’s Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2017. The application was opposed by the Aged Care Workers Union. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the relevant legislative provisions.

The primary legal issue before the Fair Work Commission was whether the terms of the proposed enterprise agreement were procedurally and substantively compliant with the Fair Work Act 2009. This involved scrutinising the process through which the agreement was made, including whether the appropriate bargaining representatives had been involved, and whether the agreement met the good faith bargaining requirements. Furthermore, the Commission had to assess whether the terms of the agreement were fair and reasonable in light of the broader economic and social context.

In its decision, the Fair Work Commission determined that the application was valid and that the proposed enterprise agreement complied with the necessary legal standards. The Commission found that the agreement had been made in good faith, with appropriate bargaining representatives involved, and that the process was procedurally sound. The terms of the agreement were also found to be fair and reasonable, taking into account the specific circumstances of the aged care industry. As a result, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the St. Raphael’s Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2017 be approved, effective from the date of the decision. The Commission also noted that the agreement would be registered on the Register of Approved Agreements.

Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael’s Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established