DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal & District Aged Homes Inc T/A Restvale
(AG2017/4253)

RESTVALE AGED CARE AND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Restvale Aged Care and Administrative Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Restvale Aged Care and Administrative Employees 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 Lobethal & District Aged Homes Inc T/A Restvale. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Nursing and Midwifery Federation 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 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lobethal & District Aged Homes Inc, trading as Restvale, applied to the Fair Work Commission for approval of the Restvale Aged Care and Administrative Employees Enterprise Agreement 2017. The application was made under section 235 of the Fair Work Act 2009. The dispute concerned whether the agreement met the criteria for approval, including whether it had been made in good faith and whether it provided for the terms and conditions of employment of the employees to which it applied.

The key legal issues the court had to address were whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment of the employees to which it applied in a fair and reasonable manner. The court had to consider whether the agreement complied with the Fair Work Act, including the requirements for good faith bargaining and the protection of employees' rights. The court also had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both the employer and the employees.

The court found that the agreement had been made in good faith and that it provided for the terms and conditions of employment of the employees to which it applied in a fair and reasonable manner. The court was satisfied that the agreement complied with the requirements of the Fair Work Act, including the need for good faith bargaining and the protection of employees' rights. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both the employer and the employees. The court approved the agreement, noting that it provided for a fair and reasonable outcome for all parties involved.

The final orders of the court were that the Restvale Aged Care and Administrative Employees Enterprise Agreement 2017 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement. The court's approval of the agreement provided certainty and stability for both the employer and the employees, ensuring that their rights and obligations were protected under the terms of the agreement.

Lobethal & District Aged Homes Inc T/A Restvale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established