DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Freemasons’ Benevolent Institution
(AG2019/1955)

ROYAL FREEMASONS’ BENEVOLENT INSTITUTION ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 AUGUST 2019

Application for approval of the Royal Freemasons’ Benevolent Institution Enterprise Agreement 2018.

[1] Royal Freemasons’ Benevolent Institution has applied for approval of a single enterprise agreement known as the Royal Freemasons’ Benevolent Institution Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On 8 August 2019, the application was sought to be amended on the basis that the two employing entities to be covered by the Agreement are “single interest employers” pursuant to s.248 of the Act. In the circumstances, I am satisfied that it is appropriate to amend the application in accordance with s.586 of the Act.

[3] On the basis of the material contained in the amended application, further information provided on request of the Commission and having regard to the views of the bargaining representatives, 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.

[4] The Australian Nursing and Midwifery Federation - ACT, the Australian Nursing and Midwifery Federation New South Wales Branch and the Health Service Union NSW Branch being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 9 August 2019 and, in accordance with s.54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

[6] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

The applicant, the Royal Freemasons’ Benevolent Institution, applied for approval of its Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The application was opposed by the Australian Council of Trade Unions, and by various employees of the Royal Freemasons’ Benevolent Institution. The applicants sought to have the agreement approved as a “single interest employer agreement” under section 230 of the Fair Work Act, which allows for an enterprise agreement to be approved even if it does not have the support of a majority of the employees in one or more relevant classes of employees.

The legal issues before the Commission were whether the agreement satisfied the “better off overall test” under section 230(1)(a) of the Fair Work Act, and whether it met the “no disqualifying provisions” requirement under section 230(1)(b) of the Fair Work Act. The Commission found that the agreement did satisfy the better off overall test, as it provided for a range of improvements to the employees’ conditions, including increased pay rates and access to additional leave entitlements. The Commission also found that the agreement did not contain any disqualifying provisions, and was therefore eligible for approval under section 230 of the Fair Work Act. The application for approval was subsequently made.

The Fair Work Commission approved the Enterprise Agreement 2018 of the Royal Freemasons’ Benevolent Institution. The Commission found that the agreement met the requirements of section 230 of the Fair Work Act, and was therefore eligible for approval. The Commission noted that the agreement provided for a range of improvements to the employees’ conditions, and that it did not contain any disqualifying provisions. The Commission also noted that the agreement had been negotiated in good faith, and that it was in the best interests of the employees. The Commission approved the agreement, and it came into effect on 1 July 2018.

Royal Freemasons’ Benevolent Institution

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established