Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline Summary

[2022] FWCA 1887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline

(AG2022/1015)

The Shoreline Aged Care Services Enterprise Agreement 2022-2024

Aged care industry
COMMISSIONER MATHESON	SYDNEY, 8 JUNE 2022

Application for approval of The Shoreline Aged Care Services Enterprise Agreement 2022-2024.

An application has been made for approval of a greenfields agreement known as The Shoreline Aged Care Services Enterprise Agreement 2022-2024 (Agreement). The application was made by the Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

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

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

In accordance with s.187(5) of the Act, I am satisfied that the Health Services Union and the Australian Nursing and Midwifery Federation are entitled to represent a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that, pursuant to s.53(2(b) of the Act, the Agreement was made with the Health Services Union and the Australian Nursing and Midwifery Federation and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a greenfields enterprise agreement, The Shoreline Aged Care Services Enterprise Agreement 2022-2024. The Applicant, Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline, sought approval for the agreement under section 185 of the Fair Work Act 2009. The agreement was proposed to cover employees engaged in the aged care industry. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was in the public interest to approve the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under sections 186, 187, and 190 of the Fair Work Act. The Commission also had to consider the effect of the written undertakings provided by the employer, and whether these undertakings would likely cause financial detriment to any employee or result in substantial changes to the agreement. Additionally, the Commission had to assess whether the Health Services Union and the Australian Nursing and Midwifery Federation were entitled to represent a majority of employees covered by the agreement, and whether it was in the public interest to approve the agreement.

The Commission found that the proposed agreement met all the necessary requirements for approval under the Fair Work Act. The written undertakings provided by the employer did not result in financial detriment to any employee or substantial changes to the agreement. Furthermore, the Health Services Union and the Australian Nursing and Midwifery Federation were entitled to represent a majority of employees covered by the agreement, and it was in the public interest to approve the agreement. The Commission was satisfied that the agreement would provide for fair and reasonable terms and conditions of employment for the employees covered by it. Consequently, the Commission approved the agreement, which will operate from 15 June 2022, with a nominal expiry date of 30 September 2024.

Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established