Lyrebird Village for the Aged T/A Lyrebird Village

[2022] FWCA 3029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lyrebird Village for the Aged T/A Lyrebird Village

(AG2022/3398)

Lyrebird Villages for the Aged EnterpriseAgreement 2022

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Lyrebird Villages for the Aged Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lyrebird Villages for the Aged Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lyrebird Village for the Aged T/A Lyrebird Village. The Agreement is a single enterprise agreement.

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.

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.

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.

The Health Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lyrebird Village for the Aged, trading as Lyrebird Village, applied to the Fair Work Commission for approval of the Lyrebird Villages for the Aged Enterprise Agreement 2022. The dispute centred on whether the agreement, which aimed to govern the terms and conditions of employment for workers within the aged care sector, met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing the agreement against the criteria set out in the legislation to determine if it complied with the necessary standards and protections for employees.

The primary legal issues the Commission addressed were whether the agreement provided for the minimum entitlements as outlined by the National Employment Standards, covered the appropriate employee groups, and adhered to the procedural requirements for its approval. The Commission examined whether the agreement appropriately balanced the interests of the employer and employees and ensured that it was not contrary to public policy or the general principles of the Act. Additionally, the Commission needed to verify that the agreement had been made in good faith and whether the necessary consultation processes had been followed.

In reaching its decision, the Commission considered the submissions from both Lyrebird Village and the relevant employee representatives. It assessed the provisions of the agreement to ensure they met the statutory minimum standards and did not disadvantage employees. The Commission concluded that the agreement provided for all minimum entitlements and adhered to the procedural requirements. It also found that the agreement was made in good faith and did not contravene any public policy considerations. Therefore, the Commission approved the Lyrebird Villages for the Aged Enterprise Agreement 2022, recognising its compliance with the relevant legislative framework.

The final orders of the Commission were to approve the Lyrebird Villages for the Aged Enterprise Agreement 2022, effective from the date of the Commission's decision. This approval meant that the agreement would govern the employment terms and conditions for the specified employees within the aged care facility, providing a framework for their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established