DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenn-Craig Villages Pty Ltd T/A CraigCare
(AG2019/4068)

GLENN-CRAIG VILLAGES PTY LTD (TRADING AS CRAIGCARE) ANMF AND HSU EMPERIES AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Glenn-Craig Villages Pty Ltd (trading as CraigCare) ANMF and HSU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Glenn-Craig Villages Pty Ltd (trading as CraigCare) ANMF and HSU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenn-Craig Villages Pty Ltd T/A CraigCare. 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. The undertakings are taken to be a term of 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 (Vic) Branch 1 – trading as Health Workers Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Glenn-Craig Villages Pty Ltd, trading as CraigCare, sought approval of their Enterprise Agreement (EA) with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application was made to the Fair Work Commission (FWC) under section 231 of the Fair Work Act 2009. The EA sought to regulate the terms and conditions of employment for certain employees within the organisation.

The primary legal issues before the FWC were whether the EA met the requirements for registration under the Fair Work Act, including whether the agreement was made in good faith, whether it provided for a fair and efficient system for determining employees' terms and conditions of employment, and whether it was consistent with the objectives of the Act. Additionally, the FWC needed to consider whether the EA complied with the requirements for a "single interest employer" and whether the process for approving the EA was fair and appropriate.

The FWC determined that the EA was made in good faith, provided for a fair and efficient system for determining employees' terms and conditions of employment, and was consistent with the objectives of the Act. The FWC found that CraigCare was a single interest employer and that the process for approving the EA was fair and appropriate. The FWC approved the EA, finding that it met all the necessary requirements for registration under the Fair Work Act.

The FWC approved the Enterprise Agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included amendments to the agreement to address issues such as the definition of "employee", the inclusion of a dispute resolution clause, and the provision of additional information to employees. The FWC's decision provides clarity for employers and employees regarding the requirements for approving an EA and the process for ensuring compliance with the Fair Work Act.

Glenn-Craig Villages Pty Ltd T/A CraigCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established