| [2019] FWCA 1991 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kellock Lodge Alexandra Inc.
(AG2018/5850)
KELLOCK LODGE ALEXANDRA INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017
Health and welfare services | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 26 MARCH 2019 |
Application for approval of the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kellock Lodge Alexandra 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] I note that Clause 54 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 31 May 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE502526 PR706229>
Annexure A
- AGLC
- Kellock Lodge Alexandra Inc. [2019] FWCA 1991
- Case
- [2019] FWCA 1991
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the court needed to consider if the agreement was procedurally sound, ensuring that proper processes were followed in its creation and if all relevant parties had been adequately consulted.
The Fair Work Commission found that the agreement was made in good faith and was procedurally sound. The court was satisfied that the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs and circumstances of the aged care sector. The Commission approved the enterprise agreement, highlighting its balance of interests between the employer and employees and its compliance with the legislative requirements.
The Fair Work Commission's decision was to approve the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2017, recognising its fairness and compliance with the relevant legislative framework. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Kellock Lodge and its employees, as represented by the ANMF and HSU.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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