DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lady of Grace Fraternity Limited
(AG2020/1779)

LADY OF GRACE ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT DEAN	SYDNEY, 22 JULY 2020

Application for approval of the Lady of Grace Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lady of Grace 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 Lady of Grace Fraternity Limited. 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 undertaking will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] Subject to the undertaking 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 Health Services Union New South Wales Branch, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Lady of Grace Fraternity Limited, the applicant sought approval of the Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The central legal issues were whether the agreement was made in good faith and if it provided for the proper registration of the agreement with the Fair Work Commission.

The Commission examined the process by which the agreement was formed, including the negotiation and consultation processes. It considered whether the agreement had been made in good faith and whether it included all the mandated minimum terms. The Commission also assessed whether the agreement provided for the necessary protections and entitlements for employees as required by the Act. After thorough examination, the Commission concluded that the agreement met the statutory requirements and was made in good faith.

The Commission found that the agreement was properly negotiated and contained all the mandated minimum terms. It determined that the agreement provided adequate protections and entitlements for employees and was consistent with the Act. Therefore, the application for approval of the Enterprise Agreement 2020 was granted. The Commission certified the agreement, effective from the date of the decision. This certification ensures that the agreement will govern the employment conditions of the parties for the specified period.

Lady of Grace Fraternity Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established