| [2023] FWCA 987 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Princes Court Ltd
(AG2023/593)
PRINCES COURT LTD (TRADING AS PRINCES COURT HOMES HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 APRIL 2023 |
Application for approval of the Princes Court Ltd (trading as Princes Court Homes Hostel), ANMF and HSU Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Princes Court Ltd (trading as Princes Court Homes Hostel), ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Princes Court Ltd. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), 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.
The Agreement was approved on 4 April 2023 and, in accordance with s.54 of the Act, will operate from 11 April 2023. The nominal expiry date of the Agreement is 1 November 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519653 PR760848>
Annexure A
- AGLC
- Princes Court Ltd [2023] FWCA 987
- Case
- [2023] FWCA 987
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC were whether the EA met the criteria for being considered a "direct" agreement, whether it contained the necessary "protected action provisions", and whether the bargaining process was conducted in good faith. Additionally, the FWC had to determine if the EA provided for a "pay and conditions" trade, whether it satisfied the requirements of section 228 of the Act, and if it appropriately balanced the interests of both parties.
The FWC found that the EA was a direct agreement and contained the necessary protected action provisions. It determined that the bargaining process was conducted in good faith and that the EA provided for a pay and conditions trade. The FWC considered the agreement to be appropriately balanced, as it took into account the needs and interests of both the employer and the employees. The FWC approved the EA, finding it to be in compliance with the requirements of the Act.
The FWC approved the Princes Court Ltd Enterprise Agreement 2022, finding it to be appropriately made and in compliance with the requirements of the Fair Work Act 2009. The agreement was deemed to be a direct agreement, containing the necessary protected action provisions, and balanced the interests of both the employer and employees.
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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