DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Luther Homes Boronia Inc T/A Martin Luther Homes
(AG2018/7153)

MARTIN LUTHER HOMES BARONIA INC. HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 14 JUNE 2019

Application for approval of the Martin Luther Homes Boronia Inc. Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Martin Luther Homes Boronia Inc. Health and Allied Services 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 Martin Luther Homes Boronia Inc T/A Martin Luther Homes. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 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.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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, will operate from 21 June 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Martin Luther Homes Boronia Inc T/A Martin Luther Homes applied for approval of the Health and Allied Services Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The dispute involved the terms of the proposed agreement, which sought to regulate the employment conditions of the workers at Martin Luther Homes. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the required provisions and if it complied with the standards set by the Fair Work Act. This included assessing if the agreement provided for minimum entitlements and if it had been negotiated in good faith. The court also had to consider if the agreement was in the best interest of the employees and if it allowed for appropriate dispute resolution mechanisms.

The Commission found that the agreement contained all the necessary provisions and was in compliance with the Fair Work Act. It concluded that the agreement was negotiated in good faith and provided for the minimum entitlements required by law. The Commission also determined that the agreement was in the best interests of the employees and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Health and Allied Services Enterprise Agreement 2018, finding it to be compliant with the Fair Work Act and in the best interests of the employees. The agreement was deemed to have been negotiated in good faith and provided for the necessary minimum entitlements and dispute resolution mechanisms.

Martin Luther Homes Boronia Inc T/A Martin Luther Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established