DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prom Country Aged Care Inc.
(AG2020/381)

PROM COUNTRY AGED CARE ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 MARCH 2020

Application for approval of the Prom Country Aged Care Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prom Country Aged Care Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prom Country Aged Care Inc. 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 27 March 2020 and, in accordance with s.54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Prom Country Aged Care Inc. applied for the approval of the Prom Country Aged Care Enterprise Agreement 2020. The agreement, which was negotiated with the Australian Nurses and Midwifery Federation, pertains to the employment conditions of the organisation's nursing staff. The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been fairly and genuinely negotiated. In particular, the Commission examined whether the agreement appropriately addressed matters such as minimum wage rates, penalty rates, leave provisions, and other employment conditions as stipulated by the Act. Additionally, the Commission had to determine if the negotiation process was conducted in good faith and if the agreement reflected a fair and reasonable outcome for both parties.

The Commission found that the agreement was comprehensive and included all mandatory terms as required by the Fair Work Act. The Commission also concluded that the agreement had been fairly and genuinely negotiated. The Commission was satisfied that the terms of the agreement were reasonable and reflected the needs and interests of both the employer and the employees. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act.

The Commission issued an order approving the Prom Country Aged Care Enterprise Agreement 2020, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will govern the employment conditions of the nursing staff at Prom Country Aged Care Inc. for the duration specified in the agreement.

Prom Country Aged Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established