DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longridge Aged Care T/A Longridge Aged Care
(AG2021/4646)

LONGRIDGE AGED CARE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2021

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2021

Application for approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Longridge Aged Care Nursing Employees Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Longridge Aged Care T/A Longridge Aged Care (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 April 2021.

[3] On 28 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

Undertaking

[4] The Applicant has submitted an undertaking in the required form dated 28 April 2021. The undertaking deals with the following topics:

• The relevant provisions contained in the National Employment Standards (NES) will apply instead of Clauses 7.4.5(a), 7.4.6(b), 7.4.8(a), 7.4.9(a)(i), 7.4.5(b) and 7.4.7(d).

• Public holiday substitution will operate in accordance with the Act.

• The definition of a shift worker will be for the purposes of the NES.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Union covered

[7] The “Australian Nursing and Midwifery Federation South Australian 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) of the Act I note that the Agreement covers this organisation.

Approval

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2021

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Longridge Aged Care T/A Longridge Aged Care applied for approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved the procedural fairness of the agreement and its compliance with the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the procedural requirements set out in the Act. Specifically, the Commission had to consider whether the employer had provided sufficient information to the employees, whether the employees had been given a reasonable opportunity to discuss and negotiate the terms of the agreement, and whether the agreement met the standard criteria for approval under the Act.

The Commission found that the agreement had been genuinely negotiated and that the employer had provided the necessary information to the employees. The Commission also found that the employees had been given a reasonable opportunity to discuss and negotiate the terms of the agreement. The Commission was satisfied that the agreement met the standard criteria for approval under the Act and approved the Longridge Aged Care Nursing Employees Enterprise Agreement 2021.

The Commission ordered that the agreement be registered with the Fair Work Commission and that it take effect from the date of the Commission’s decision. The Commission also ordered that the agreement be published on the Fair Work Commission’s website and that copies be provided to the employer and the employees.

Longridge Aged Care T/A Longridge Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established