Multicultural Aged Care Services Geelong Inc

[2018] FWCA 6865

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Multicultural Aged Care Services Geelong Inc

(AG2018/2650)

Multicultural Aged Care Services Health and Allied Services Enterprise Agreement 2018

Aged care industry
Deputy President Masson	MELBOURNE, 8 NOVEMBER 2018

Application for approval of the Multicultural Aged Care Services Health and Allied Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Multicultural Aged Care Services Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multicultural Aged Care Services Geelong 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.

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 Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2018. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Multicultural Aged Care Services Geelong Inc, sought approval of the Multicultural Aged Care Services Health and Allied Services Enterprise Agreement 2018. The application was made to the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve, reject or vary an enterprise agreement. The Commission's task was to determine whether the agreement was in the public interest.

The primary legal issue was whether the agreement was appropriate in all its terms. The applicant argued that the agreement was in the public interest because it provided for fair and equitable terms and conditions for employees, promoted the efficient operation of the aged care sector, and aligned with the broader objectives of the Fair Work Act. The applicant submitted that the agreement's provisions were necessary to ensure the provision of high-quality care to the elderly and to maintain the financial stability of the aged care sector.

The Commission considered the public interest factors set out in section 233 of the Fair Work Act, including the impact of the agreement on the efficient operation of the aged care sector, the protection of vulnerable workers, and the promotion of fair and equitable terms and conditions. The Commission found that the agreement was appropriate in all its terms and approved the agreement. The Commission was satisfied that the agreement provided for fair and equitable terms and conditions for employees, promoted the efficient operation of the aged care sector, and aligned with the broader objectives of the Fair Work Act.

The Fair Work Commission approved the Multicultural Aged Care Services Health and Allied Services Enterprise Agreement 2018. The Commission found that the agreement was appropriate in all its terms and in the public interest. The agreement provides for fair and equitable terms and conditions for employees, promotes the efficient operation of the aged care sector, and aligns with the broader objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established