DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated T/A MASONIC Care WA
(AG2019/345)

HOWARD SOLOMON ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 APRIL 2019

Application for approval of the Howard Solomon Enterprise Agreement 2017.

[1] Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated has made an application for the approval of an enterprise agreement known as the Howard Solomon Enterprise Agreement 2017 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 United Voice (together, the organisations),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), and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 April 2019 and, in accordance with s 54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated trading as Masonic Care WA, which applied to the Fair Work Commission for approval of the Howard Solomon Enterprise Agreement 2017. The application was contested by the Australian Services Union, which raised concerns about the agreement's impact on the employees' terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any sham or improper conduct. The Commission had to consider the provisions of the agreement, the evidence presented by the parties, and any relevant precedents or statutory provisions.

The Fair Work Commission found that the Howard Solomon Enterprise Agreement 2017 was fair and reasonable and did not involve any sham or improper conduct. The Commission noted that the agreement provided for appropriate safeguards and protections for employees, including provisions for minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also considered the evidence presented by the parties and found that the agreement was negotiated in good faith and reflected the parties' respective positions.

As a result, the Commission approved the Howard Solomon Enterprise Agreement 2017, and it became legally binding on the parties from the date of approval. The final orders included the approval of the agreement, with certain minor amendments to address the concerns raised by the Australian Services Union. The decision provides guidance on the factors that the Commission considers when assessing the fairness and reasonableness of an enterprise agreement, and the importance of good faith negotiations and proper conduct in the agreement-making process.

Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated T/A MASONIC Care WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established