DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Japara Administration Pty Ltd
(AG2019/1383)

JAPARA ADMINISTRATION PTY LTD TASMANIAN NURSES AND AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the Japara Administration Pty Ltd Tasmanian Nurses and Aged Care Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Japara Administration Pty Ltd Tasmanian Nurses and Aged Care Employees 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 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] I note that Clauses 32 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at Clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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 Tasmanian Nurses and Aged Care Employees Enterprise Agreement 2018. The application was opposed by the Tasmanian Nurses and Aged Care Employees Union. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the provisions for minimum working conditions and whether the agreement unfairly disadvantaged certain employees.

The court was required to determine if the agreement provided for the minimum entitlements as stipulated by the Fair Work Act, and if it contained any provisions that unfairly disadvantaged some employees. The analysis included scrutiny of the agreement's terms, the bargaining process, and the fairness of the agreement's provisions to all parties involved. The court also considered the implications of the agreement on the employees' working conditions and the broader industrial relations framework.

The Fair Work Commission found that the agreement did provide for the minimum entitlements as required by the Act. It concluded that the agreement did not unfairly disadvantage any employees and was therefore approved. The decision was based on a detailed examination of the agreement's provisions, the evidence provided by the parties, and the principles of fairness and industrial relations law. The court emphasised the importance of ensuring that all employees' rights and conditions are adequately protected under the agreement.

The final orders included the approval of the Tasmanian Nurses and Aged Care Employees Enterprise Agreement 2018, with the terms and conditions as specified in the agreement to be binding on all parties involved.

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