Johnson Goodwin Memorial Homes Summary

[2024] FWCA 4628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Johnson Goodwin Memorial Homes

(AG2024/4684)

GOODWIN VILLAGE AGED CARE ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 20 DECEMBER 2024

Application for approval of the Goodwin Village Aged Care Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Goodwin Village Aged Care Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Johnson Goodwin Memorial Homes. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 7(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Johnson Goodwin Memorial Homes, the applicant, sought approval of the Goodwin Village Aged Care Enterprise Agreement 2023. This agreement was to apply to the employees of the applicant who are members of the Health Services Union of Australia, Queensland Branch. The agreement was intended to regulate the terms and conditions of employment for the employees. The Health Services Union of Australia, Queensland Branch, was a party to the proceedings, and the applicant was seeking the Commission's approval of the agreement under section 231 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission had to assess whether the agreement met the requirements of being a "certified agreement" as defined in the Fair Work Act. This included examining whether the agreement was in writing, had been negotiated in good faith, and contained certain prescribed terms and conditions. Additionally, the Commission considered whether the agreement provided for a fair and equitable outcome for both parties, and whether it complied with the relevant provisions of the Fair Work Regulations.

The Commission found that the agreement contained all the prescribed terms and conditions as required by the Fair Work Act. It was in writing and had been negotiated in good faith. The Commission determined that the agreement provided for a fair and equitable outcome for both parties, and it complied with the relevant provisions of the Fair Work Regulations. The Commission was satisfied that the agreement met all the necessary criteria for approval under section 231 of the Fair Work Act. Consequently, the Commission approved the Goodwin Village Aged Care Enterprise Agreement 2023.

The Commission approved the agreement, subject to the terms and conditions set out in the agreement. The approval is effective from the date of the Commission's decision and will remain in force until the earlier of the agreement's expiry or termination in accordance with its terms. The agreement will regulate the terms and conditions of employment for the employees of the applicant who are members of the Health Services Union of Australia, Queensland Branch. The applicant and the union are bound by the terms of the agreement, and it will apply to the employees as specified in the agreement.

Johnson Goodwin Memorial Homes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established