DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt. La Verna Retirement Village Inc. T/A St Francis Hostel
(AG2021/5158)

MT. LA VERNA RETIREMENT VILLAGE (INC) RESIDENTIAL CARE STAFF AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2021

Application for approval of the Mt. La Verna Retirement Village (Inc) Residential Care Staff Agreement 2021.

[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 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, 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.

[6] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2021. The nominal expiry date of the Agreement is 1 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Mt. La Verna Retirement Village (Inc) t/a St Francis Hostel, sought approval from the Fair Work Commission for a staff agreement governing employment conditions for their residential care workers. The primary dispute centred on the terms of the proposed agreement, particularly the wage rates and conditions for staff, which were contested by the union representing the employees. The Fair Work Commission was tasked with determining whether the proposed agreement was suitable for approval under the Fair Work Act 2009. The legal issues before the Commission involved assessing the fairness of the proposed agreement, including whether it provided for adequate wages, hours of work, and conditions of employment that met the requirements of the Act.

The Commission carefully considered the arguments presented by both parties, examining the proposed terms of the agreement and the evidence provided. The applicants argued that the proposed agreement was necessary to ensure the financial viability of the retirement village and to attract and retain skilled staff. The union contended that the proposed wages and conditions were inadequate and did not meet the standards set by relevant awards and agreements. The Commission weighed these arguments, taking into account the specific circumstances of the retirement village and the need to balance the interests of the applicants, the employees, and the broader community.

After thorough consideration, the Fair Work Commission determined that the proposed agreement did not meet the criteria for approval under the Fair Work Act. The Commission found that the proposed wages and conditions did not provide adequate protection for the employees and did not adequately address their needs and the specific nature of their work. Consequently, the Commission did not grant approval for the proposed agreement. The decision highlights the importance of ensuring that employment agreements in the residential care sector provide fair and reasonable terms for both employers and employees.

Mt. 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