DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Curtin Aged Care Inc
(AG2019/995)

JOHN CURTIN AGED CARE INC, AND STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 APRIL 2019

Application for approval of the John Curtin Aged Care Inc, and Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the John Curtin Aged Care Inc, and Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Curtin Aged Care Inc. 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.

[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 and the Health Services Union of Australia, 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 was approved on 24 April 2019 and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the John Curtin Aged Care Inc, and Staff Enterprise Agreement 2019. The applicant, John Curtin Aged Care Inc, sought approval for the proposed agreement, which outlined terms and conditions for its employees. The dispute centred around the fairness and appropriateness of the proposed terms in the agreement, with concerns raised by various parties regarding potential impacts on employee rights and workplace conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The Commission needed to consider whether the agreement met the threshold criteria for approval, including ensuring that it did not undermine the minimum standards provided by the Fair Work Act and that it was made in good faith and without coercion.

In examining the agreement, the Commission found that it contained terms that were generally consistent with the provisions of the Fair Work Act and did not undermine the minimum standards. The Commission considered the good faith and fairness of the negotiation process, the provisions for employee representation, and the overall balance of the agreement. It determined that the agreement met the necessary criteria for approval, as it provided a fair and reasonable framework for employment within the organisation. The Commission approved the agreement, noting that it provided a balanced approach to the rights and obligations of both the employer and employees.

The Commission's final order was to approve the John Curtin Aged Care Inc, and Staff Enterprise Agreement 2019, subject to the conditions and provisions outlined in the agreement. The approval was granted on the basis that the agreement met the statutory requirements and was fair and reasonable in its terms. The decision confirmed the legal validity of the agreement and allowed it to come into effect as a binding employment contract between the organisation and its employees.

John Curtin Aged Care Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established