DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nganampa Health Council Inc T/A Nganampa Health Council Inc
(AG2018/6924)

NGANAMPA HEALTH COUNCIL INC AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 JUNE 2019

Application for approval of the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nganampa Health Council Inc T/A Nganampa Health Council Inc. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Nganampa Health Council Inc T/A Nganampa Health Council Inc, the Fair Work Commission was presented with an application for the approval of the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2019. The dispute centred on the proposed enterprise agreement which aimed to regulate the terms and conditions of employment for aged care employees under the Nganampa Health Council. The agreement was sought to be approved under the Fair Work Act 2009. The primary legal issue the Commission had to address was whether the proposed agreement met the statutory requirements for approval, including whether it complied with the provisions of the Fair Work Act and adhered to the principles of the National Employment Standards.

The Commission carefully considered whether the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs and circumstances of the aged care sector. The analysis involved assessing the provisions of the agreement against the statutory framework, which included ensuring that the agreement did not adversely affect the employees’ rights and entitlements, and that it complied with the Fair Work Act’s good faith bargaining provisions. The Commission also examined the fairness of the proposed terms and conditions, considering the economic and social context relevant to the aged care industry.

After thorough consideration, the Fair Work Commission determined that the proposed agreement met the necessary statutory requirements for approval. The Commission found that the agreement was fair and reasonable, and that it did not adversely affect the employees' rights and entitlements. Consequently, the Commission approved the application for the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2019. This decision was grounded in the conclusion that the agreement was compliant with the Fair Work Act and reflected appropriate terms and conditions for the employees within the context of the aged care sector. The approval of the agreement was seen as a balanced outcome that recognised the needs of both the employer and the employees.

Nganampa Health Council Inc T/A Nganampa Health Council Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established