Longridge Aged Care T/A Longridge Aged Care Summary

[2021] FWCA 6440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longridge Aged Care T/A Longridge Aged Care
(AG2021/7805)

LONGRIDGE AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2021

Aged care industry
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Longridge Aged Care Sector Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Longridge Aged Care T/A Longridge Aged Care. 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.4.5(b) and 7.4.9(a)(ii) – Personal Leave.

However, noting clause 2.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Longridge Aged Care and the Longridge Aged Care Sector Employees Enterprise Agreement 2021. The dispute came before the Fair Work Commission, which is the relevant court for employment matters. The primary issue before the Commission was whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fair and reasonable, and whether it complied with procedural fairness.

The Fair Work Commission examined several aspects of the agreement, including the provisions related to wages, conditions, and dispute resolution mechanisms. The Commission also considered submissions from various stakeholders, including representatives of the employees and the employer. The key legal issues revolved around whether the agreement provided fair and reasonable terms and conditions of employment and whether the process leading to the agreement was fair and transparent. The Commission had to balance the interests of the employees, the employer, and the broader community in reaching its decision.

After thorough consideration, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable and met the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement provided appropriate terms and conditions for the employees and that the process leading to the agreement was fair. Consequently, the Commission approved the Longridge Aged Care Sector Employees Enterprise Agreement 2021. This decision ensures that the agreement will come into effect, providing a stable framework for the employment relationship between the employer and the employees.

Longridge Aged Care T/A Longridge Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established