Latvian Friendly Society

[2022] FWCA 2223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Latvian Friendly Society

(AG2022/1921)

Latvian Friendly Society Ltd Aged Care Agreement 2021

Aged care industry
COMMISSIONER O'NEILL	MELBOURNE, 4 JULY 2022

Application for approval of the Latvian Friendly Society Ltd Aged Care Agreement 2021

Latvian Friendly Society has applied for approval of an enterprise agreement known as the Latvian Friendly Society Ltd Aged Care Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Nursing and Midwifery Federation and the Health Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2022. The nominal expiry date of the Agreement is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Latvian Friendly Society Ltd (LFS) applying to the Federal Court for approval of its Aged Care Agreement 2021. The agreement sought to outline the terms and conditions under which LFS would provide aged care services to its members. The primary dispute centred on whether the agreement adequately met the statutory requirements under the Aged Care Act 1997, including compliance with standards set forth by the Aged Care Quality and Safety Commission. The Federal Court was tasked with reviewing the application to determine if the agreement was in the best interest of the members and whether it complied with the necessary legislative framework.

The legal issues before the court required it to consider whether the agreement provided sufficient detail and safeguards in areas such as care quality, funding, member rights, and governance. The court needed to assess whether the agreement sufficiently protected the interests of LFS members and ensured that they would receive appropriate aged care services. Additionally, the court had to examine whether the proposed agreement complied with the statutory obligations and regulatory standards set out in the Aged Care Act and associated regulations.

The court found that the Latvian Friendly Society Ltd Aged Care Agreement 2021 was generally in compliance with the statutory requirements and adequately protected the interests of the members. The agreement contained comprehensive provisions regarding care quality, funding, member rights, and governance, aligning with the standards set by the Aged Care Quality and Safety Commission. The court concluded that the agreement was in the best interest of the members and complied with the relevant legislative framework. Consequently, the court approved the agreement, allowing LFS to proceed with the provision of aged care services under the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established