DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Princes Court Homes Inc. T/A Princes Court Homes Hostel
(AG2018/3235)

PRINCES COURT HOMES INC (TRADING AS PRINCES COURT HOMES HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

Application for approval of the Princes Court Homes Inc (trading as Princes Court Homes Hostel), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Princes Court Homes Inc (trading as Princes Court Homes Hostel), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Princes Court Homes Inc. T/A Princes Court Homes Hostel. 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] I note that clauses 54.5(c) and 54.5(e) are inconsistent with the National Employment Standards as the entitlement to use personal leave is subject to the employee being responsible for the care or support of the person concerned and employees are not entitled to carer’s leave in circumstances where another person has taken leave to provide care or support for the same person. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Princes Court Homes Inc, trading as Princes Court Homes Hostel, applied to the Fair Work Commission for approval of the ANMF and HSU Enterprise Agreement 2017. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 for minimum terms and conditions of employment. The Australian Nurses and Midwifery Federation and the Health Services Union were also parties to the agreement, representing the employees of the applicant.

The legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, and whether the agreement was fairly negotiated and in compliance with the statutory requirements. The applicant argued that the agreement was comprehensive and fair, and that the negotiation process was robust. The Commission considered whether the agreement met the legislative standards and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission determined that the agreement contained all the mandated minimum terms and conditions and was fairly negotiated. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission found that the negotiation process was transparent and that the parties had engaged in good faith to reach the agreement. The Commission concluded that the agreement was in compliance with the statutory requirements and approved the agreement.

The Fair Work Commission approved the ANMF and HSU Enterprise Agreement 2017, effective from 1 July 2017. The Commission found that the agreement met all the legislative requirements and was fairly negotiated. The approval of the agreement ensures that the employees of Princes Court Homes Inc are covered by a comprehensive set of terms and conditions that meet the mandated minimum standards.

Princes Court Homes Inc. T/A Princes Court Homes Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established