Mayflower Brighton

[2022] FWCA 269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mayflower Brighton

(AG2021/8411)

Mayflower Health and Aged Care Employees Enterprise Agreement 2021

Aged care industry
COMMISSIONER MIRABELLA	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Mayflower Health and Aged Care Employees Enterprise Agreement 2021.

Mayflower Brighton (the Employer) has made an application for approval of an enterprise agreement known as the Mayflower Health and Aged Care Employees Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 6(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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), and based on the declarations provided by the organisations, I note that the Agreement covers those organisations.

The Agreement was approved on 3 February 2022 and, in accordance with s. 54, will operate from 10 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Mayflower Health and Aged Care Employees Enterprise Agreement 2021, the application was heard by the Fair Work Commission. The application was brought by the employer, Mayflower Health and Aged Care, seeking approval of an enterprise agreement. The nature of the dispute was primarily concerned with the terms and conditions of employment as stipulated in the proposed enterprise agreement, including various provisions related to wages, hours of work, and other employment-related matters.

The legal issues that the Commission was required to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for being a lawful and valid enterprise agreement. Key considerations were whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The Commission also had to determine if the agreement was in the best interest of the employees and if it had been properly negotiated.

The Commission deliberated on the submissions made by both parties and considered the provisions of the proposed agreement. The Commission found that the Mayflower Health and Aged Care Employees Enterprise Agreement 2021 was compliant with the Fair Work Act 2009 and met the necessary criteria for approval. The agreement was found to provide fair and reasonable terms and conditions, was made in good faith, and without coercion. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and had been properly negotiated. Consequently, the Commission approved the Mayflower Health and Aged Care Employees Enterprise Agreement 2021.

The final orders included the approval of the Mayflower Health and Aged Care Employees Enterprise Agreement 2021, effective from the date of the Commission's decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would then apply to the employees covered by the agreement. The employer and the employees were directed to adhere to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established