DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nonno Holdings Pty Ltd T/A Lifelong Healthcare
(AG2018/5269)

LIFELONG HEALTHCARE ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 23 JANUARY 2019

Application for approval of the Lifelong Healthcare Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lifelong Healthcare Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nonno Holdings Pty Ltd T/A Lifelong Healthcare. 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] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 29 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nonno Holdings Pty Ltd, trading as Lifelong Healthcare, recently applied to the Fair Work Commission for the approval of the Lifelong Healthcare Enterprise Agreement 2018-2020. The application was opposed by the Health Services Union of Australia. The dispute centred around the terms and conditions of employment within the agreement, particularly those concerning the classification and pay rates of certain employees.

The primary legal issues the court had to resolve were whether the terms of the agreement were fair and reasonable, and if the application satisfied the criteria under the Fair Work Act 2009 for approval. The Health Services Union argued that the agreement failed to adequately protect employees' rights and did not provide a fair and reasonable safety net for those covered by the agreement.

The Fair Work Commission examined the evidence and submissions from both parties, considering the fairness and reasonableness of the agreement’s terms. The Commission noted the absence of a genuine enterprise agreement bargaining process and the lack of evidence supporting the agreement's terms. Consequently, the Commission found that the application did not meet the criteria for approval under the Fair Work Act 2009. The Commission did not approve the application, citing the need to ensure fair and reasonable terms for employees.

No further orders were made by the Commission. The Lifelong Healthcare Enterprise Agreement 2018-2020 was not approved, and the dispute remains unresolved pending further negotiations or a new application that adequately addresses the concerns raised by the Health Services Union.

Nonno Holdings Pty Ltd T/A Lifelong Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established