DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IBIS No 3 Pty Ltd T/A Wynyard Care Centre - Synovum Care Group
(AG2016/2531)

SYNOVUM CARE GROUP HOUSE COMPANIONS ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Synovum Care Group House Companions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Synovum Care Group House Companions Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IBIS No 3 Pty Ltd T/A Wynyard Care Centre - Synovum Care Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Synovum Care Group House Companions Enterprise Agreement 2016, with the applicant being IBIS No 3 Pty Ltd trading as Wynyard Care Centre. The application was made by the employer, Synovum Care Group, under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for house companions within the care centre.

The legal issues before the Commission involved whether the agreement met the requirements for registration under the Fair Work Act 2009, including compliance with the good faith bargaining obligations and the provisions for minimum entitlements. The Commission had to consider whether the agreement provided fair and reasonable terms for the employees, and if it complied with the statutory minimum standards.

The Commission found that the agreement was made in good faith and met the requirements for registration. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, and that it complied with the statutory minimum standards. The Commission was satisfied that the agreement provided for minimum entitlements, and that it did not undermine the operation of the safety net provided by the National Employment Standards and the Fair Work Act 2009. The Commission approved the agreement and made an order for its registration.

The final order of the Commission was that the Synovum Care Group House Companions Enterprise Agreement 2016 be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the house companions within the care centre.

IBIS No 3 Pty Ltd T/A Wynyard Care Centre - Synovum Care Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established