DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre
(AG2019/2433)

LORA HILL PTY LTD AND GRETNA MANOR PTY LTD (TRADING AS TWIN PARKS HOSTEL) AND COBURG AGED CARE PTY LTD (TRADING AS TWIN PARKS AGED CARE CENTRE), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Lora Hill Pty Ltd and Gretna Manor Pty Ltd (trading as Twin Parks Hostel) and Coburg Aged Care Pty Ltd (trading as Twin Parks Aged Care Centre), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lora Hill Pty Ltd and Gretna Manor Pty Ltd (trading as Twin Parks Hostel) and Coburg Aged Care Pty Ltd (trading as Twin Parks Aged Care Centre), ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre. 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] I note that Clause 54.5 is inconsistent with the National Employment Standards (NES) as it provides additional content not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lora Hill Pty Ltd, Gretna Manor Pty Ltd, and Coburg Aged Care Pty Ltd, trading as Twin Parks Hostel and Twin Parks Aged Care Centre, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The applicant organisations are providers of aged care services, and the agreement in question governs the terms and conditions of employment for their employees who are members of the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application was contested by the Australian Council of Trade Unions (ACTU) and the Health Services Union (HSU).

The central issue before the Fair Work Commission was whether the terms of the Enterprise Agreement 2018 were compliant with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better-off-overall test" and if it contained all the mandated minimum terms and conditions as per the Fair Work Act. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it was in the best interests of the employees.

The Fair Work Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement met the "better-off-overall test" as it provided employees with terms and conditions that were at least as good as, if not better than, the applicable awards. The Commission also confirmed that the agreement contained all the mandated minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated and in the best interests of the employees, as it provided for fair and equitable outcomes for both the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement 2018, subject to certain conditions and modifications. The Commission imposed conditions on the agreement to ensure that it complied with the Fair Work Act and the interests of the employees were protected. The Commission also made modifications to certain provisions of the agreement to address any concerns raised during the hearing. The approval of the agreement allows the applicant organisations and the unions to implement the terms and conditions of employment for their employees.

Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established