DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenvoir Holdings Pty Ltd T/A Waverley Valley Aged Care
(AG2019/3660)

GLENVOIR HOLDINGS PTY LTD (TRADING AS WAVERLEY VALLEY AGED CARE) AND OPEKA LODGE PTY LTD (TRADING AS BRENTWOOD NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 12 NOVEMBER 2019

Application for approval of the Glenvoir Holdings Pty Ltd (trading as Waverley Valley Aged Care) and Opeka Lodge Pty Ltd (trading as Brentwood Nursing Home), ANMF and HSU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Glenvoir Holdings Pty Ltd (trading as Waverley Valley Aged Care) and Opeka Lodge Pty Ltd (trading as Brentwood Nursing Home), ANMF and HSU Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Glenvoir Holdings Pty Ltd T/A Waverley Valley Aged Care (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 October 2019.

[3] There were inconsistencies between the Agreement and the National Employment Standards (NES) in relation to annual leave, parental leave and personal/carer’s leave which are resolved as a result of clause 6 of the Agreement.

[4] On 9 October 2019 I invited the Applicant to address a number of matters, including through the provision of an undertaking.

[5] On 12 November 2019, a hearing was conducted and the Applicant subsequently submitted a revised undertaking in the required form dated 12 November 2019. The undertaking deals with the following topics:

• The Employer will ensure that a casual Enrolled Nurse working on a weekend or public holiday will be paid at least the minimum casual weekend rate or public holidays rate for their applicable classification in the Nurses Award 2010.

• The Employer will ensure that a casual Registered Nurse or Enrolled Nurse working overtime will be paid at least the minimum casual overtime rate for their applicable classification in the Nurses Award 2010.

• All employees working on a Sunday will be paid at least the minimum Sunday penalty rate for their applicable classification in the Nurses Award 2010 or the Aged Care Award 2010.

• Part-time employees will be paid the overtime rates in clause 46.2 of the Agreement for all time worked in excess of their rostered daily ordinary full-time hours.

• With the exception of time occupied in having meals (which shall be a period of not less than 30 minutes for each meal), and breaks taken in accordance with clause 51 of the Agreement, the work of each shift shall be continuous provided that no such additional break shall be required in respect of rostered hours of ordinary duty finishing on the day after commencing duty or commencing after midnight and before 5.00am.

• In the event that an employee is recalled to work, the employee will be paid for a minimum of 4 hours work.

• Any employee who would be classified as a Level 7 Registered Nurse under the Agreement and who is paid a salary well above the Agreement will be engaged pursuant to an Individual Flexibility Arrangement, which will ensure that they are better off overall when considered against the minimum rates in the Nurses Award 2010. A revision will be conducted every pay cycle and any shortfall will be corrected by the Employer ensuring that the employee will be better off by 5% overall when compared to the Nurses Award 2010.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The Health Services Union, 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 11 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Glenvoir Holdings Pty Ltd, trading as Waverley Valley Aged Care, applied to the Fair Work Commission for approval of their enterprise agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute centred around the terms and conditions of employment within the aged care sector. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The court had to decide whether the agreement complied with the various statutory provisions of the Fair Work Act, including whether it facilitated, encouraged or improved the quality of workplace relations. It also needed to determine if the agreement met the minimum standards for employees in terms of pay and conditions. Furthermore, the court had to consider whether the agreement appropriately balanced the interests of employees and employers.

The Fair Work Commission approved the agreement, finding it met all necessary statutory requirements. The Commission held that the agreement facilitated and improved workplace relations and appropriately balanced the interests of both parties. It found that the agreement met the minimum standards for pay and conditions and did not undermine the protection afforded by the safety net of minimum wages and conditions.

The Commission ordered the approval of the enterprise agreement, which would now be legally binding on the parties involved. This decision underscored the importance of ensuring that enterprise agreements not only comply with the statutory framework but also effectively address the needs and interests of both employers and employees within the aged care sector.

Glenvoir Holdings Pty Ltd T/A Waverley Valley Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established