DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Wellbeing Inc
(AG2020/938)

RICHMOND WELBEING INCORPORATED ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER WILLIAMS	PERTH, 28 APRIL 2020

Application for approval of the Richmond Wellbeing Incorporated Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Wellbeing Incorporated Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Richmond Wellbeing Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 1 July 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Richmond Wellbeing Inc sought approval for the Enterprise Agreement 2019. The applicant, Richmond Wellbeing Inc, an aged care provider, entered into the agreement with several unions representing its employees. The unions challenged the agreement on various grounds, asserting that it did not meet the criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be certified as a single-enterprise agreement, given the objections raised.

The legal issues before the Commission included whether the agreement was genuinely negotiated, free from coercion, and whether it provided fair and reasonable terms for the employees. Additionally, the Commission had to consider if the agreement complied with the good faith bargaining provisions and the modern awards applicable to the employees. The unions argued that the agreement did not meet these standards and failed to adequately protect employee rights.

The Commission found that the agreement had been genuinely negotiated and was free from coercion. It held that the agreement provided fair and reasonable terms for the employees and complied with the good faith bargaining requirements. The Commission also determined that the agreement did not adversely affect the modern awards' safety net provisions. Consequently, the Commission approved the Enterprise Agreement 2019.

The Commission certified the agreement, allowing it to be in effect from the date of the decision. The unions' objections were dismissed, and the agreement was deemed to be a single-enterprise agreement that met the necessary legal standards.

Richmond Wellbeing Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established