Ringwood Area Lions Aged Care Inc. Summary

[2024] FWCA 2716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ringwood Area Lions Aged Care Inc.

(AG2024/2306)

RINGWOOD AREA LIONS AGED CARE INC (RALAC) LIONSBRAE, ANMF AND HWU ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER LEE	MELBOURNE, 25 JULY 2024

Application for approval of the Ringwood Area Lions Aged Care Inc (RALAC) Lionsbrae, ANMF and HWU Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ringwood Area Lions Aged Care Inc (RALAC) Lionsbrae, ANMF and HWU Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ringwood Area Lions Aged Care Inc. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Nursing and Midwifery Federation and the Health Services Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Ringwood Area Lions Aged Care Inc. (RALAC), the Australian Nursing and Midwifery Federation (ANMF) and the Health Workers’ Union (HWU), applied to the Fair Work Commission for the approval of the Enterprise Agreement 2023. The application was made in accordance with section 231 of the Fair Work Act 2009. The respondents, who were not parties to the agreement, did not oppose the application.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under section 231 of the Fair Work Act 2009. The Commission considered whether the agreement contained the mandatory terms as outlined in section 235 of the Act, was in the best interests of the employees, and was made in good faith. Additionally, the Commission had to determine if the agreement was consistent with the provisions of the Act and the Fair Work (Registered Organisations) Act 2009.

In assessing the application, the Commission found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and was in the best interests of the employees. The Commission was satisfied that the agreement was made in good faith, as evidenced by the negotiations between the parties and the absence of any opposition to the application. The terms of the agreement were also found to be consistent with the provisions of the Act and the Fair Work (Registered Organisations) Act 2009.

Accordingly, the Commission approved the Enterprise Agreement 2023, effective from 1 July 2023. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreement, rather than the applicable awards and conditions.

Ringwood Area Lions Aged Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established