DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Japara Administration Pty Ltd T/A Japara
(AG2020/3932)

JAPARA ADMINISTRATION PTY LTD SOUTH AUSTRALIAN AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2021

Application for approval of the Japara Administration Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Japara Administration Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2020 (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 T/A Japara. 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 United Workers Union 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 11 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Japara Administration Pty Ltd, trading as Japara, sought approval for the South Australian Aged Care Employees Enterprise Agreement 2020, which was intended to govern the employment conditions of aged care workers in South Australia. The application was brought before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees it was meant to cover.

The primary legal issues the court had to address included whether the agreement was genuinely a product of genuine bargaining, whether it complied with the procedural requirements under the Act, and whether the agreement was fair and reasonable. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the agreement was in the best interest of the employees.

The court found that the agreement was the result of genuine bargaining, as it had been negotiated between the employer and the employees' representatives. The agreement was also found to comply with the procedural requirements of the Act, as all necessary steps had been followed. The court determined that the agreement contained fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the aged care industry. The agreement was deemed to be in the best interest of the employees as it provided for fair wages and conditions that were suitable for the workforce. As a result, the court approved the agreement.

The court's final order was to approve the South Australian Aged Care Employees Enterprise Agreement 2020, as negotiated between Japara Administration Pty Ltd and the employees' representatives. This decision provided certainty and stability to the employment conditions of the aged care workers in South Australia, ensuring that they were fairly compensated and protected under the terms of the agreement.

Japara Administration Pty Ltd T/A Japara

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established