Japara Administration Pty Ltd

[2021] FWCA 6573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Japara Administration Pty Ltd
(AG2021/7665)

JAPARA ADMINISTRATION PTY LTD VICTORIAN AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2021

Application for approval of the Japara Administration Pty Ltd Victorian Aged Care Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Japara Administration Pty Ltd Victorian Aged Care Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Japara Administration Pty Ltd. 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. The undertakings are taken to be a term of 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 Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Japara Administration Pty Ltd, sought approval of the Japara Administration Pty Ltd Victorian Aged Care Employees Enterprise Agreement 2021 from the Fair Work Commission. The application was opposed by the Aged Care Professionals Association, the Australian Nursing and Midwifery Federation, and the National Tertiary Education Union. The primary dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement adequately covered the employees, if it was free from any unlawful content, and whether it was consistent with the Fair Work Act's provisions. Additionally, the court examined whether the agreement appropriately balanced the interests of the employer and the employees, particularly in relation to the terms and conditions of employment.

The court found that the agreement was comprehensive, covering all relevant employees and providing for terms and conditions that were fair and reasonable. The agreement was free from any unlawful provisions and complied with the requirements of the Fair Work Act. The court also determined that the agreement appropriately balanced the interests of both the employer and the employees, taking into consideration the specific needs and circumstances of the aged care sector. As a result, the court approved the application for the agreement.

The final orders of the court included the approval of the Japara Administration Pty Ltd Victorian Aged Care Employees Enterprise Agreement 2021, with specific conditions to ensure ongoing compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established