| [2024] FWCA 1429 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Great Lakes Aged & Invalid Care Association Ltd T/A GLAICA House Hostel
(AG2024/564)
GLAICA HOUSE HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 19 APRIL 2024 |
Application for approval of the GLAICA House Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the GLAICA House Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Great Lakes Aged & Invalid Care Association Ltd (Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.
COMMISSIONER
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- AGLC
- Great Lakes Aged & Invalid Care Association Ltd T/A GLAICA House Hostel [2024] FWCA 1429
- Case
- [2024] FWCA 1429
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission encompassed several critical areas. First, it was necessary to assess if the agreement provided for fair and reasonable terms and conditions for employees, including adequate pay and conditions. Second, the Commission had to consider whether the agreement complied with the Fair Work Act’s requirements and was in the best interest of the employees and employers. Third, the Commission needed to determine if the agreement met the criteria for approval as set out in the Fair Work Act.
In reaching its decision, the Fair Work Commission carefully reviewed the proposed terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions that balanced the needs of the employees and the employer. It met all statutory requirements and was in the best interests of the employees and the employer. The Commission was satisfied that the agreement provided for adequate pay and conditions, including provisions for leave, penalty rates, and other employment standards. The Commission concluded that the agreement was fair and reasonable, and approved the agreement. The Commission made orders approving the agreement and directing that it be registered with the Fair Work Commission.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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