DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Respect Group Limited T/A Respect Aged Care
(AG2017/6669)

RESPECT GROUP LIMITED ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER WILSON	MELBOURNE, 18 JUNE 2018

Application for approval of the Respect Group Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Respect Group Limited 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 Respect Group Limited T/A Respect Aged Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Respect Group Limited, trading as Respect Aged Care, sought approval of an Enterprise Agreement from the Fair Work Commission. The respondents, the Health Services Union of Australia and the Australian Nurses and Midwifery Federation, objected to the proposed agreement. The application was heard by the Fair Work Commission.

The central legal issues before the commission were whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This included determining if the agreement had been fairly negotiated, if it complied with the provisions for good faith bargaining, and if it included the necessary protections for employees. Additionally, the commission needed to assess whether the agreement met the 'better off overall test', ensuring that employees would not be worse off financially under the terms of the agreement.

In its decision, the Fair Work Commission found that the proposed agreement had been fairly negotiated in good faith and met the statutory requirements under the Act. The commission concluded that the agreement provided protections for employees and met the better off overall test. The commission emphasised that the agreement provided a range of benefits to employees, including improved wages and conditions, and that these benefits outweighed any potential detriments. As a result, the commission approved the application for the Respect Group Limited Enterprise Agreement 2017.

The Fair Work Commission approved the application, allowing the Enterprise Agreement to proceed. The agreement was set to provide improved terms and conditions for employees of Respect Aged Care, including wage increases and enhanced working conditions. This decision was a significant step forward in the ongoing negotiations between the union and the employer, providing a framework for better workplace relations.

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