Illawarra Diggers Aged and Community Care Ltd Summary

[2024] FWCA 1281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Illawarra Diggers Aged and Community Care Ltd

(AG2024/501)

ILLAWARRA DIGGERS AGED AND COMMUNITY CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 10 APRIL 2024

Application for approval of the Illawarra Diggers Aged and Community Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Illawarra Diggers Aged and Community Care Ltd, 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 Illawarra Diggers Aged and Community Care 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Illawarra Diggers Aged and Community Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 came before the Fair Work Commission. The applicant, Illawarra Diggers Aged and Community Care Ltd, sought approval of the enterprise agreement from the Commission. The dispute centred on whether the agreement met the necessary legal standards and was fair and reasonable for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was a "better off overall" agreement for the employees. The Commission needed to assess whether the agreement provided employees with fair and reasonable terms and conditions of employment, and whether it met the requirements of the Fair Work Act.

The Commission found that the agreement met the necessary legal standards and was fair and reasonable for the employees. The agreement provided employees with improved pay and conditions, including increased pay rates, improved leave entitlements, and better access to training and development opportunities. The Commission also found that the agreement was a "better off overall" agreement for the employees, as it provided them with significant benefits that outweighed any potential disadvantages. The Commission approved the agreement, and it will now be binding on the parties from 1 July 2023.

The Fair Work Commission approved the Illawarra Diggers Aged and Community Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023, which will now be binding on the parties from 1 July 2023.

Illawarra Diggers Aged and Community Care Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established