Melaleuca Home For The Aged Inc.

[2024] FWCA 650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melaleuca Home For The Aged Inc.

(AG2024/221)

MELALEUCA HOME FOR THE AGED INC. REGISTERED NURSE AND ENROLLED NURSE ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the Melaleuca Home for the Aged Inc. Registered Nurse and Enrolled Nurse Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Melaleuca Home for the Aged Inc. Registered Nurse and Enrolled Nurse 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 Melaleuca Home For The Aged 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 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 26 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Melaleuca Home For The Aged Inc., which sought court approval for the Melaleuca Home for the Aged Inc. Registered Nurse and Enrolled Nurse Enterprise Agreement 2023. The Fair Work Commission was asked to assess whether the agreement was in compliance with the Fair Work Act 2009 and to approve it if found to be compliant. The application was made on the basis that the agreement had been negotiated in good faith and covered terms and conditions of employment that were fair and reasonable.

The central legal issues before the Commission were whether the agreement was negotiated in good faith and whether the terms and conditions set out in the agreement were fair and reasonable. This involved examining the process of negotiation, the contents of the agreement, and whether it met the standards prescribed by the Fair Work Act 2009. The Commission also needed to consider any submissions from interested parties and assess whether the agreement provided adequate protections and benefits to the employees.

In reaching its decision, the Commission examined the evidence provided regarding the negotiation process and the terms of the agreement. It assessed whether the agreement adhered to the legislative requirements and whether it was fair and reasonable in its treatment of the employees. The Commission took into account the submissions from Melaleuca Home For The Aged Inc. as well as any other relevant parties. After careful consideration, the Commission determined that the agreement was negotiated in good faith and that its terms and conditions were fair and reasonable. Therefore, the Commission approved the Melaleuca Home for the Aged Inc. Registered Nurse and Enrolled Nurse Enterprise Agreement 2023.

The Commission's final order was to approve the agreement, confirming its compliance with the Fair Work Act 2009 and its appropriateness for the terms and conditions of employment. The approval was granted on the condition that the agreement would be implemented as negotiated and that any further disputes would be resolved in accordance with the processes outlined in the agreement and the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established