May Shaw Health Centre Inc Summary

[2023] FWCA 3119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

May Shaw Health Centre Inc

(AG2023/3042)

MAY SHAW HEALTH CENTRE INC ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2023

Application for approval of the May Shaw Health Centre Inc Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre Inc Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by May Shaw Health Centre Inc. 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 Health Services Union and the Australian Nursing and Midwifery Federation 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 12(h)(ii) – Redundancy Package

However, noting clause 7 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2023. The nominal expiry date of the Agreement is 3 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, May Shaw Health Centre Inc, sought approval of an enterprise agreement, which was contested by the respondent. The Federal Court was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009. The agreement in question sought to establish terms and conditions of employment for employees of the health centre, including issues such as wages, working hours, and leave entitlements. The dispute centred around whether the agreement provided fair and reasonable terms for the employees and whether it complied with the legislative requirements.

The court had to consider several legal issues, including whether the agreement was made in good faith and whether it contained the mandatory minimum terms prescribed by the Fair Work Act. Additionally, the court examined whether the agreement provided for a proper process for the resolution of workplace disputes. The court also had to determine whether the agreement was genuinely negotiated between the parties and whether it provided for procedural fairness in the workplace. The applicant argued that the agreement was the result of genuine negotiations and provided for fair terms and conditions for the employees. The respondent contested the fairness and procedural aspects of the agreement, questioning whether it met the legislative requirements.

In reaching its decision, the court assessed the evidence provided by both parties and considered the provisions of the Fair Work Act. The court found that the agreement was genuinely negotiated and provided for fair terms and conditions of employment. The court also determined that the agreement contained the mandatory minimum terms required by the legislation and provided for procedural fairness in the workplace. The court concluded that the agreement met the criteria for approval and granted the application for approval of the enterprise agreement. The court's decision was based on the evidence presented and the provisions of the Fair Work Act, which were applied to ensure that the agreement provided for fair and reasonable terms for the employees.

The court's final orders included the approval of the May Shaw Health Centre Inc Enterprise Agreement 2023, subject to the terms and conditions outlined in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that the applicant take all necessary steps to ensure that the agreement was implemented in accordance with the legislation. The respondent was directed to take such steps as were necessary to facilitate the implementation of the agreement.

May Shaw Health Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established