DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karingal St Laurence Limited t/a genU
(AG2020/4152)

GENU NURSES AND AGED CARE ENTERPRISE AGREEMENT - 2020 - 2023

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the genU Nurses and Aged Care Enterprise Agreement - 2020 - 2023.

[1] Karingal St Laurence Limited t/a genU has applied for approval of a single enterprise agreement known as the genU Nurses and Aged Care Enterprise Agreement - 2020 – 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting undertaking 2 of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 17 February 2021 and, in accordance with s.54, will operate from 24 February 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

The applicant, Karingal St Laurence Limited, trading as genU, applied to the Fair Work Commission for approval of the genU Nurses and Aged Care Enterprise Agreement 2020-2023. The application was made in accordance with section 231 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if the Commission is satisfied it meets certain criteria, including that it facilitates the achievement of a productive workplace relationship. The dispute centred on whether the proposed agreement met the statutory requirements and whether it was in the best interests of the employees and the employer.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, including remuneration, and whether it adhered to the relevant provisions of the Fair Work Act. The Commission had to consider whether the agreement facilitated the achievement of a productive workplace relationship, as well as whether it provided for proper consultation and dispute resolution mechanisms. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy.

The Commission found that the proposed agreement contained fair and reasonable terms and conditions, including provisions for remuneration, leave entitlements, and other employment conditions. The agreement also provided for proper consultation and dispute resolution mechanisms. The Commission concluded that the agreement facilitated the achievement of a productive workplace relationship, as it included provisions for flexible work arrangements and the establishment of a joint consultative committee. The Commission also determined that the agreement was not contrary to public policy.

Accordingly, the Commission approved the genU Nurses and Aged Care Enterprise Agreement 2020-2023, and it was registered with the Fair Work Commission. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement for the duration of its term.

Karingal St Laurence Limited t/a genU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established