DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodwin Aged Care Services Limited t/a Goodwin
(AG2016/3786)

GOODWIN AGED CARE SERVICES ENTERPRISE AGREEMENT 2016 - 2020

Australian Capital Territory
COMMISSIONER SAUNDERS	SYDNEY, 6 SEPTEMBER 2016

Application for approval of the Goodwin Aged Care Services Limited Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Goodwin Aged Care Services Limited Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodwin Aged Care Services Limited t/a Goodwin. 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 and 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.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 5 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goodwin Aged Care Services Limited, trading as Goodwin, sought approval of an enterprise agreement for the period 2016 to 2020. The dispute involved the company's request to the Fair Work Commission for the endorsement of the proposed agreement, which aimed to regulate the terms and conditions of employment for its employees. The legal issues before the court revolved around whether the agreement complied with the requirements of the Fair Work Act 2009, including the necessity to ensure it was a "better off overall test" agreement, as well as other statutory obligations.

The court examined the terms of the agreement to determine whether it met the "better off overall test" as required by the Fair Work Act. This test mandates that the proposed agreement must not be worse off for employees compared to their existing conditions. The court also considered if the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been fairly and genuinely negotiated and whether it covered the necessary subjects as prescribed by the Fair Work (Registered Organisations) Act 2009. The court further scrutinised the agreement to ensure it did not contain any terms that were contrary to public policy or that would undermine the protections provided by the Act.

Upon thorough examination, the court found that the agreement complied with all statutory requirements. It was determined that the proposed terms were fairly and genuinely negotiated, and they met the "better off overall test" for the employees. The court was satisfied that the agreement did not include any terms that were contrary to public policy and that it adhered to the prescribed subjects under the Act. Consequently, the court approved the Goodwin Aged Care Services Limited Enterprise Agreement 2016 - 2020.

Goodwin Aged Care Services Limited t/a Goodwin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established