DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson Goodwin Memorial Homes T/A Goodwin Village
(AG2020/1622)

GOODWIN VILLAGE HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JULY 2020

Application for approval of the Goodwin Village Health and Allied Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Goodwin Village Health and Allied Services 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 Johnson Goodwin Memorial Homes T/A Goodwin Village. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 24(b)(vi). On 2 July 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 24(a)(iii) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 July 2020 and, in accordance with s.54, will operate from 10 July 2020. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Johnson Goodwin Memorial Homes T/A Goodwin Village applied for the approval of the Goodwin Village Health and Allied Services Enterprise Agreement 2020. The application was made pursuant to section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workers covered by the agreement, which included various healthcare and support staff.

The primary legal issues the Commission was required to decide were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the minimum entitlements as stipulated by the Act, and whether it had been made in good faith and without the coercion or pressure that would undermine its validity. The Commission also had to determine whether the agreement was fair and whether it complied with the relevant award or safety net.

In its decision, the Commission noted that the agreement had been made in good faith and without any undue pressure on the parties. It found that the agreement provided for minimum entitlements that met or exceeded the requirements of the Act and relevant awards. The Commission also determined that the agreement was fair and met the safety net provisions. Consequently, the Commission approved the agreement, acknowledging its comprehensive nature and the efforts of the parties to ensure fair terms for the employees involved.

Johnson Goodwin Memorial Homes T/A Goodwin Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established