DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton Aged Care
(AG2020/1325)

RM BEGG KYNETON AGED CARE FACILITY, ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER YILMAZ	MELBOURNE, 10 JUNE 2020

Application for approval of the RM Begg Kyneton Aged Care Facility, Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RM Begg Kyneton Aged Care Facility, 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 RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton Aged Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained referencing errors at clause 64. On 5 June 2020, the Applicant’s representative filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 17 June 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RM Begg Kyneton Aged Care Inc, trading as RM Begg Kyneton Aged Care, sought approval of the RM Begg Kyneton Aged Care Facility, Enterprise Agreement 2019. The respondent, the Australian Health Services Union, was a registered union representing employees of the applicant. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a lawful agreement, including whether it was in writing, made in good faith, and complied with the procedural requirements set out in the Act. Another issue was whether the agreement provided fair and reasonable terms and conditions for the employees.

The court found that the enterprise agreement was in writing and met the other formal requirements of the Act. It also found that the agreement was made in good faith, as the parties had engaged in genuine and meaningful negotiations. The court further determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the work, the economic circumstances, and the needs of the parties. The court approved the agreement, finding that it met all the legal requirements and provided a fair outcome for both parties.

The court ordered that the RM Begg Kyneton Aged Care Facility, Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement would then be in effect from the date of the approval and would apply to the employees of the applicant.

RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton 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