DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Respect Group Limited T/A Respect Aged Care
(AG2018/6283)

RESPECT GROUP LIMITED, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2019

Application for approval of the Respect Group Limited, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Respect Group Limited, ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Respect Group Limited T/A Respect Aged Care. 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 are relevant to this application for approval and have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Respect Group Limited, trading as Respect Aged Care, and the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU). The dispute concerns the application for approval of the 2018 Enterprise Agreement between the parties. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed 2018 Enterprise Agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, met the 'better off overall test', and did not unfairly discriminate against employees.

The Commission examined various aspects of the agreement, including the proposed wage increases, the provisions for employee entitlements, and the overall impact on the employees. It assessed the agreement against the statutory requirements and considered submissions from both parties. The Commission found that the agreement provided for reasonable wage increases and improved working conditions, which were in line with industry standards. Furthermore, the agreement included provisions for the protection of employees' rights and did not unfairly discriminate against any group of employees. The Commission concluded that the agreement met the 'better off overall test' and was in the public interest.

In light of the above findings, the Commission approved the 2018 Enterprise Agreement between Respect Group Limited, ANMF, and HSU. The agreement will now become legally binding for the duration specified within the agreement, providing a framework for the relationship between the parties during this period. The approval ensures that the terms and conditions of employment are regulated and fair for all employees involved.

Respect Group Limited T/A Respect Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established