DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jallarah Homes Inc T/A Jallarah Homes Inc
(AG2019/4052)

JALLARAH HOMES INC AGED CARE EMPLOYEES & UNITED VOICE ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 NOVEMBER 2019

Application for approval of the Jallarah Homes Inc Aged Care Employees & United Voice Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jallarah Homes Inc Aged Care Employees & United Voice Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United Voice being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Jallarah Homes Inc trading as Jallarah Homes Inc, the Aged Care Employees & United Voice Enterprise Agreement 2019, and the Australian Industrial Relations Commission. The nature of the dispute was the application for approval of the enterprise agreement, which governs the employment conditions of aged care employees within Jallarah Homes Inc. The case was heard in the Australian Industrial Relations Commission, a body with jurisdiction over employment and industrial relations matters in Australia.

The primary legal issues the court needed to decide were whether the enterprise agreement met the requirements set forth by the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement was made in good faith, if it contained the minimum terms and conditions required by law, and if it complied with the procedural requirements for the application. Additionally, the court needed to consider whether the agreement was in the best interests of the employees, particularly in light of the unique conditions and challenges faced in the aged care industry.

The court found that the enterprise agreement met the necessary criteria. It was determined that the agreement was made in good faith, as evidenced by the extensive negotiations and consultation between the employer and the union representatives. The court also found that the agreement contained the minimum terms and conditions required by law and that it complied with the procedural requirements for the application. Furthermore, the court concluded that the agreement was in the best interests of the employees, taking into account the specific needs of the aged care sector.

As a result of the court's findings, the application for approval of the Jallarah Homes Inc Aged Care Employees & United Voice Enterprise Agreement 2019 was approved. The agreement is now legally binding on Jallarah Homes Inc and its employees, providing a framework for their employment conditions. This decision ensures that the terms and conditions outlined in the agreement are recognised and enforced by the industrial relations system.

Jallarah Homes Inc T/A Jallarah Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established