Residential Gardens for Spanish Speaking Frail Aged Limited Summary

[2024] FWCA 1458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Residential Gardens for Spanish Speaking Frail Aged Limited

(AG2024/678)

RESIDENTIAL GARDENS FOR SPANISH SPEAKING FRAIL AGED LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Residential Gardens for Spanish Speaking Frail Aged Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Residential Gardens for Spanish Speaking Frail Aged Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Residential Gardens for Spanish Speaking Frail Aged Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant was the Residential Gardens for Spanish Speaking Frail Aged Limited, a not-for-profit organisation, which sought approval for the NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute pertained to the terms and conditions of employment for workers within the organisation, including wages, hours of work, and other employment-related matters. The case was heard by the Fair Work Commission, an independent body established under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it met the specific needs of the organisation and its workforce. The Commission also needed to consider the impact of the agreement on the employees' ability to balance their work and personal lives, particularly given the nature of the organisation and the specific needs of its workforce.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement was fair and reasonable. The agreement provided for appropriate wages and conditions for the employees, taking into account the specific needs of the organisation and its workforce. The Commission also noted that the agreement included provisions that supported work-life balance, which was particularly important given the nature of the organisation and the specific needs of its workforce. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide regular reports on the implementation of the agreement and its impact on the employees. The Commission also noted that it would continue to monitor the agreement to ensure that it remained fair and reasonable for both the organisation and its employees.

Residential Gardens for Spanish Speaking Frail Aged Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established