DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount La Verna Retirement Village Inc T/A St Francis Hostel
(AG2018/1552)

MT. LA VERNA RETIREMENT VILLAGE (INC) RESIDENTIAL CARE STAFF AGREEMENT 2014

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the Mt. La Verna Retirement Village (Inc) Residential Care Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mt. La Verna Retirement Village (Inc) Residential Care Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount La Verna Retirement Village Inc T/A St Francis Hostel. 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mount La Verna Retirement Village Inc, trading as St Francis Hostel, was the applicant in a proceeding before the Fair Work Commission. The dispute centred on the approval of the Mt. La Verna Retirement Village (Inc) Residential Care Staff Agreement 2014. This case involved the terms and conditions of employment for staff working in the residential care sector within the retirement village. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms of employment, including remuneration, hours of work, leave entitlements, and other conditions that were in line with the objectives of the Fair Work Act. The Commission had to consider the specific needs of the residential care sector, the balance of rights and obligations between employers and employees, and whether the agreement facilitated a productive workplace while protecting employees' rights. Furthermore, the Commission was required to ensure that the agreement did not have an adverse effect on the financial viability of the retirement village.

The Commission examined the proposed agreement in detail, taking into account submissions from both parties and relevant industry benchmarks. It was found that the agreement provided for fair and reasonable terms that were appropriate for the residential care sector. The Commission noted that the agreement included provisions for reasonable remuneration, adequate leave entitlements, and other conditions that were necessary to support a safe and efficient workplace. Additionally, the Commission considered the financial sustainability of the retirement village and concluded that the agreement would not negatively impact its operations. Consequently, the Commission approved the Mt. La Verna Retirement Village (Inc) Residential Care Staff Agreement 2014, finding it to be fair and reasonable in all respects.

Mount La Verna Retirement Village Inc T/A St Francis Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established