DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luson Health Pty Ltd T/A The Vue
(AG2018/6473)

LUSON HEALTH PTY LTD (TRADING AS EDEN PARK) AND LUSON AGED CARE PTY LTD (TRADING AS THE VUE), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2019

Application for approval of the Luson Health Pty Ltd (trading as Eden Park) and Luson Aged Care Pty Ltd (trading as The Vue), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Luson Health Pty Ltd (trading as Eden Park) and Luson Aged Care Pty Ltd (trading as The Vue), 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 Luson Health Pty Ltd T/A The Vue. 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.

[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 Clauses 54 is inconsistent with the National Employment Standards. 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 and the Health Services Union of Australia being bargaining representatives for the Agreement, has 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 4 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Luson Health Pty Ltd, trading as Eden Park, Luson Aged Care Pty Ltd, trading as The Vue, and the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU). The dispute related to the approval of the 2018 Enterprise Agreement between the parties. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court needed to decide involved whether the 2018 Enterprise Agreement complied with the Fair Work Act 2009. This included whether the agreement met the requirements for "better off overall" and "no detriment" tests, and whether it included terms that were contrary to public policy. The court also had to consider whether the agreement contained any unlawful deductions from employee wages.

The court determined that the 2018 Enterprise Agreement was compliant with the Fair Work Act 2009. It found that the agreement met the "better off overall" test as it provided employees with improved wages and conditions compared to the previous agreement. The court also found that the agreement did not contain any terms that were contrary to public policy or included unlawful deductions from employee wages. The court approved the 2018 Enterprise Agreement between the parties.

The final orders of the court were that the 2018 Enterprise Agreement between Luson Health Pty Ltd, Luson Aged Care Pty Ltd, and the ANMF and HSU be approved, effective from 1 January 2018. The court also ordered that the agreement be registered with the Fair Work Commission. The decision of the court was binding on all parties involved in the agreement.

Luson Health Pty Ltd T/A The Vue

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established