DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Para Hills Residential Care
(AG2020/1270)

PARA HILLS RESIDENTIAL CARE NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 25 MAY 2020

Application for approval of the Para Hills Residential Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Para Hills Residential Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Para Hills Residential Care (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 May 2020.

[3] On 21 May 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The signature on the form F17 employer statutory declaration provided by the Applicant was not properly witnessed. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), and with the Statement issued by the Fair Work Commission on 31 March 2020 relating to the COVID-19 response, I consider it appropriate to dispense with the Rules and accept the signed declaration.

[5] The Applicant has submitted an undertaking in the required form dated 21 May 2020. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause and, as such, in relation to clause 7.4.4 an employee must as soon as reasonably practicable inform the employer of their inability to attend for duty and in relation to clause 7.4.5(c), when taking leave to care for a member of immediate family or household, the employee must, if required by the employer, establish by production of a medical certificate, statutory declaration or other documentation that would satisfy a reasonable person, the illness/injury or emergency of the person concerned.

• The Agreement is read and interpreted in conjunction with the Nurses Award 2010 and where there is an inconsistency, the Agreement provision will apply to the extent of the inconsistency.

• In relation to clause 5.6.2, wage increases will be in line with Schedule 1, being that the wages as at 1 July 2019 apply as at test time.

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case of Para Hills Residential Care involved the applicants, the Para Hills Residential Care Nursing Employees, represented by the Australian Nursing and Midwifery Federation (ANMF), seeking approval of the 2020 Enterprise Agreement. The application was heard in the Fair Work Commission (FWC), which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on various terms and conditions of employment, including wages, working hours, and other employment-related matters, intended to govern the relationship between the nursing staff and the care provider.

The central legal issues before the Commission were whether the proposed agreement provided for the proper operation of the enterprise, whether it included terms that were fair and reasonable, and if it was consistent with the national minimum standards of employment. The applicants argued that the agreement was fair and reasonable, providing adequate protections and benefits to the nursing staff. In response, no objections were raised by the respondents, thereby presenting the Commission with the task of independently assessing the fairness and reasonableness of the agreement based on the statutory criteria.

The Commission examined the agreement in detail, considering the specific circumstances of the nursing employees, the nature of the enterprise, and the broader economic context. The Commission concluded that the agreement contained terms that were fair and reasonable and did not undermine the national minimum standards of employment. Given the absence of objections and the evidence presented, the Commission found that the agreement would facilitate the proper operation of the enterprise and benefit the employees. Consequently, the Commission approved the Para Hills Residential Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020, as applied, effective from 1 July 2020.

Para Hills Residential Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established