DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glengollan Village Inc T/A Glengollan Village
(AG2018/6998)

GLENGOLLAN VILLAGE AND STAFF ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of the Glengollan Village and Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Glengollan Village and Staff 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 Glengollan Village Inc T/A Glengollan 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 11 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glengollan Village Inc, trading as Glengollan Village, sought the Fair Work Commission's approval of the Glengollan Village and Staff Enterprise Agreement 2018. The applicant is an incorporated association that operates a retirement village in Sydney, employing around 180 staff members. The respondents to the application were the Australian Council of Trade Unions and the Australian Services Union, who represent some of the employees. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission considered whether the agreement met the necessary criteria under the Fair Work Act, including whether it was fairly negotiated and whether it complied with the mandatory terms and conditions set out in the Act. Specifically, the Commission needed to determine whether the agreement provided employees with at least the minimum entitlements set out in the relevant awards and whether it contained any terms that were adverse to employees. The Commission also needed to consider whether the agreement provided for a fair and effective process for resolving disputes between employees and the employer.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement was fairly negotiated and met the requirements of the Fair Work Act. The Commission noted that the agreement provided employees with a range of benefits, including pay rates that were above the minimum award rates, and that it contained provisions for resolving disputes in a fair and effective manner. The Commission also found that the agreement did not contain any terms that were adverse to employees. Accordingly, the Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission's decision provides useful guidance for employers and employees in the retirement village sector, as well as for other employers and employees seeking to negotiate and approve enterprise agreements. The decision confirms that the Commission will closely scrutinise agreements to ensure that they meet the statutory requirements and provide fair and effective outcomes for employees. The decision also highlights the importance of ensuring that agreements are negotiated in good faith and that any disputes are resolved through fair and effective processes.

Glengollan Village Inc T/A Glengollan Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established