| [2022] FWCA 2088 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Premium Community Care Pty Ltd T/A Premium Community Care Pty Ltd
(AG2022/1845)
Premium Community Care Nursing Enterprise Agreement 2022
| Aged care industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 24 JUNE 2022 |
Application for approval of the Premium Community Care Nursing Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Premium Community Care Nursing Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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.
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 subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 23 June 2026.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Premium Community Care Pty Ltd T/A Premium Community Care Pty Ltd [2022] FWCA 2088
- Case
- [2022] FWCA 2088
- Decision Date
CaseChat Overview and Summary
The legal issues that arose during the proceedings focused on whether the proposed agreement complied with the Commonwealth Pay and Classifications (Nursing) Award 2010. Specifically, the applicant argued that certain provisions in the agreement, which included changes to pay rates and classifications, were necessary to reflect changes in the industry and to ensure that nurses were adequately compensated. The applicant also contended that the agreement met the criteria for approval under the Registered Organisations (Industrial Relations) Act 1993.
The Commission considered the arguments put forward by the applicant and examined the provisions of the Commonwealth Pay and Classifications (Nursing) Award 2010. The Commission found that the proposed agreement was consistent with the award and met the criteria for approval. The Commission acknowledged the need for nursing staff to be adequately compensated and recognised the changes proposed in the agreement as necessary to achieve this. Consequently, the Commission approved the Premium Community Care Nursing Enterprise Agreement 2022.
In approving the agreement, the Commission made certain orders to ensure compliance with the relevant award and legislation. These orders included the approval of the agreement, subject to the terms and conditions set out in the decision, and the requirement for the applicant to provide written notice to relevant parties of the approval. The decision provides a clear framework for the implementation of the agreement and ensures that the rights and obligations of both the employer and employees are protected.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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