DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Japara Administration Pty Ltd
(AG2019/4304)

JAPARA ADMINISTRATION PTY LTD NEW SOUTH WALES EMPLOYEE ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 10 DECEMBER 2019

Application for approval of the Japara Administration Pty Ltd New South Wales Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Japara Administration Pty Ltd New South Wales Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia (HSU) 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Japara Administration Pty Ltd applied to the Fair Work Commission for approval of the Japara Administration Pty Ltd New South Wales Employee Enterprise Agreement 2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the agreement did not contain adequate provisions for employee entitlements, including annual leave, sick leave, and other benefits. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it provided for the minimum terms and conditions of employment as set out in the relevant modern awards.

The Commission considered the provisions of the proposed agreement and the arguments put forward by the union. It found that the agreement provided for the minimum terms and conditions of employment and contained adequate provisions for employee entitlements, including annual leave and sick leave. The Commission also found that the agreement did not contain any terms that were contrary to the objectives of the Fair Work Act. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Japara Administration Pty Ltd New South Wales Employee Enterprise Agreement 2019. The union's objections to the agreement were dismissed. The agreement now provides the terms and conditions of employment for employees covered by the agreement. The approval of the agreement is an important step in ensuring that employees are provided with fair and reasonable terms of employment that meet the minimum standards set out in the relevant modern awards.

Japara Administration Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established