DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integratedliving Australia Ltd
(AG2020/450)

INTEGRATEDLIVING AUSTRALIA LTD - BALLARAT NURSING SITE ENTERPRISE AGREEMENT 2019-2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2020

Application for approval of the integratedliving Australia Ltd - Ballarat Nursing Site Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the integratedliving Australia Ltd - Ballarat Nursing Site Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Integratedliving Australia Ltd (Employer). 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, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that clause 58.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). It provides that an employee must not take carer's leave under where another person has taken leave to care for the same person. However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Integratedliving Australia Ltd, an employer, and a number of employees represented by a union. The dispute centred on the approval of the Enterprise Agreement 2019-2022 for the Ballarat Nursing Site. The case was heard by the Commission, which is a specialist Australian tribunal with jurisdiction to resolve workplace disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement contained all the mandated minimum terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements for its registration. The Commission also needed to assess the extent to which the agreement facilitated the efficient operation of the employer's business.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions made by both parties. The Commission found that the agreement contained all the mandated minimum terms and conditions, and that it was made in good faith. The Commission also determined that the agreement was procedurally sound, having been negotiated between the employer and the union, and that it facilitated the efficient operation of the employer's business. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement between Integratedliving Australia Ltd and the union, effective from 1 July 2019. The agreement is to remain in force until 30 June 2022, or until terminated in accordance with its provisions.

Integratedliving Australia Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established