DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resthaven Incorporated
(AG2016/7954)

RESIDENTIAL AGED CARE AND COMMUNITY SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER SAUNDERS	SYDNEY, 8 MARCH 2017

Application for approval of the Residential Aged Care and Community Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Residential Aged Care and Community Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Resthaven Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Australian Nursing and Midwifery Federation, United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Resthaven Incorporated applied to the Fair Work Commission for approval of the Residential Aged Care and Community Services Enterprise Agreement 2016. The agreement was between Resthaven and various unions representing employees within the residential aged care sector. The dispute centred on whether the agreement complied with the relevant statutory requirements and provided fair and reasonable terms for the employees. The Fair Work Commission was tasked with determining if the agreement met the necessary criteria under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement provided for minimum terms, whether it was free from prohibited content, and if it was made in good faith. Additionally, the Commission needed to assess whether the agreement included provisions for employee representation and dispute resolution. The unions argued that the agreement unfairly disadvantaged employees by reducing their entitlements and increasing their working hours. Resthaven contended that the agreement was necessary to maintain the financial viability of the organisation.

After examining the evidence and submissions, the Commission found that the agreement complied with the statutory requirements. The Commission concluded that the agreement provided for minimum terms, was free from prohibited content, and was made in good faith. The Commission also found that the agreement included appropriate provisions for employee representation and dispute resolution. The Commission approved the agreement, finding that it provided fair and reasonable terms for the employees.

The Commission made orders approving the Residential Aged Care and Community Services Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The Commission's decision was based on the evidence and submissions provided by both parties and was made in accordance with the Fair Work Act 2009.

Resthaven Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established