Nazareth Care T/A Nazareth Care Summary

[2023] FWCA 1689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nazareth Care T/A Nazareth Care

(AG2023/1506)

NAZARETH CARE WYNNUM ENTERPRISE AGREEMENT 2022

Aged care industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 JUNE 2023

Application for approval of the Nazareth Care - Wynnum Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Nazareth Care – Wynnum Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nazareth Care (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to has a slightly different name of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

The Applicant has provided written undertakings. 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 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.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers Union (AWU) and the Australian Nursing and Midwifery Federation (ANMF) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nazareth Care T/A Nazareth Care, applied for the approval of the Nazareth Care - Wynnum Enterprise Agreement 2022. The application was heard by the Fair Work Commission, led by Deputy President J M W Jones. The agreement was intended to govern the employment terms and conditions of certain employees working at Nazareth Care’s Wynnum facility. The application involved the Fair Work Act 2009, and the key legal issues were whether the agreement met the requirements for being a protected action under the Act, whether it contained the necessary protections for employees, and whether it complied with the requirements for being an enterprise agreement.

The court assessed whether the application for approval was valid and if the agreement was a protected action under the Act. The court considered if the agreement contained the necessary protections for employees and if it complied with the requirements for being an enterprise agreement. The applicant had to demonstrate that the agreement was fairly and genuinely negotiated and that it contained the minimum terms and conditions as per the Act. The court found that the application was valid and that the agreement was a protected action under the Act. The court also determined that the agreement contained the necessary protections for employees and complied with the requirements for being an enterprise agreement.

The court approved the Nazareth Care - Wynnum Enterprise Agreement 2022, stating that the agreement was fairly and genuinely negotiated and contained the minimum terms and conditions as per the Act. The agreement was approved as of 1 December 2022, and the Fair Work Commission issued the approval certificate under section 240 of the Fair Work Act 2009. The applicant was directed to take all necessary steps to give effect to the approved agreement and to inform the Fair Work Commission of any changes to the agreement. The final orders included the approval of the agreement, the issuing of the approval certificate, and the directions to the applicant to take necessary steps and inform the Commission of any changes.

Nazareth Care T/A Nazareth Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established