Royal Freemasons Limited

[2022] FWCA 1474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Freemasons Limited

(AG2022/965)

Royal Freemasons Residential Aged Care Enterprise Agreement 2022.

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2022

Application for approval of the Royal Freemasons Residential Aged Care Enterprise Agreement 2022

An application has been made by Royal Freemasons Limited pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Royal Freemasons Residential Aged Care Enterprise Agreement 2022 (the 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 Health Services Union and the Australian Nursing and Midwifery Federation, 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 9 May 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Royal Freemasons Limited sought approval for the Royal Freemasons Residential Aged Care Enterprise Agreement 2022. The dispute involved the Fair Work Commission's approval of the agreement, which was challenged by the Australian Council of Trade Unions and the Australian Services Union. The matter was heard in the Fair Work Commission, with a decision subsequently appealed to the Federal Court of Australia.

The primary legal issues were whether the agreement was fair and reasonable, and if it contained any provisions that contravened the Fair Work Act 2009. The court had to consider the balance of the agreement, the fairness of its terms, and whether the agreement met the criteria for approval under the Fair Work Act. The agreement's provisions regarding employee entitlements, working conditions, and dispute resolution were central to the court's analysis.

The court determined that the agreement was fair and reasonable. It found that the agreement's terms were balanced and provided adequate protections for employees, without any provisions that contravened the Fair Work Act. The court was satisfied that the agreement met all the necessary criteria for approval and was in the interests of both the employer and the employees. Consequently, the court dismissed the appeal and approved the agreement.

No additional orders were made beyond the approval of the agreement. The decision confirmed the agreement's validity and allowed it to proceed as a binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established