DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Retirement Trust T/A IRT
(AG2018/2823)

IRT ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 FEBRUARY 2019

Application for approval of the IRT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the IRT Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Retirement Trust T/A IRT. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at clause 41.1 and an error at clause 29.7(d). On the 14 January 2019 the Applicant filed amended pages to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Nursing and Midwifery Federation and Health Services Union 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 7 March 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Illawarra Retirement Trust, trading as IRT, which sought approval of the IRT Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission, where the Trust aimed to have the agreement recognised as meeting the necessary requirements under the Fair Work Act 2009. The Trust argued that the agreement provided for the fair and efficient operation of its business while ensuring the rights and obligations of its employees were appropriately balanced.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act and if it was in the best interests of the employees. This involved scrutinising the agreement to ensure it did not undermine the rights of the employees and that it was negotiated in good faith. The Commission also considered whether the agreement contained appropriate mechanisms for resolving disputes and ensuring fair treatment of employees.

In its decision, the Commission found that the IRT Enterprise Agreement 2018 was in compliance with the statutory requirements and was in the best interests of the employees. The agreement was deemed to have been negotiated in good faith and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement provided for the efficient operation of the Trust's business and protected the rights and obligations of the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the IRT Enterprise Agreement 2018, determining that it met the necessary statutory requirements and was in the best interests of the employees. The decision was made on the basis that the agreement was negotiated in good faith and contained provisions that ensured fair treatment of employees and efficient business operations. The Commission's approval formalised the agreement, enabling it to take effect and govern the employment conditions of the Trust's employees.

Illawarra Retirement Trust T/A IRT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established