Lutheran Aged Care Albury Summary

[2024] FWCA 1612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lutheran Aged Care Albury

(AG2024/620)

LUTHERAN AGED CARE ALBURY, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 2 MAY 2024

Application for approval of the Lutheran Aged Care Albury, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Lutheran Aged Care Albury, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Lutheran Aged Care Albury (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Lutheran Aged Care Albury, along with the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW), applied for the approval of their 2023 Enterprise Agreement. The application was brought under the Fair Work Act 2009, seeking validation of the agreement as a registered instrument that would regulate the terms and conditions of employment for the workers covered by the agreement. The dispute centred on whether the agreement complied with the legal standards for enterprise agreements, including the requirements for proper consultation and the avoidance of prohibited content.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in accordance with the legislative provisions, including whether the requisite consultation had occurred and whether the agreement contained any provisions that were prohibited by law. The Commission also had to consider whether the agreement provided for a fair and efficient resolution of workplace issues.

After reviewing the evidence and submissions from the parties, the Commission concluded that the agreement met the necessary legal criteria for approval. The Commission found that the parties had engaged in appropriate consultation processes and that the agreement did not contain any prohibited content. The Commission further found that the agreement provided for a fair and efficient resolution of workplace issues, and therefore, it was in the best interests of the workers. Based on these findings, the Commission approved the agreement, allowing it to be registered as a lawful instrument governing the employment terms and conditions of the workers involved.

As a result of the Commission's decision, the Lutheran Aged Care Albury, NSWNMA and HSU NSW Enterprise Agreement 2023 is now a legally binding instrument, effective from the date of registration. The agreement sets out the terms and conditions of employment for the workers covered by it, including matters such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that the workers are protected by a legally recognised instrument, and that the parties can now proceed with the implementation of the agreement in accordance with its provisions.

Lutheran Aged Care Albury

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established