DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Freemasons Ltd
(AG2017/3821)

ROYAL FREEMASONS RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Royal Freemasons Residential Aged Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Freemasons Residential Aged Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Freemasons Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Royal Freemasons Limited, applied for approval of the Royal Freemasons Residential Aged Care Enterprise Agreement 2017. The dispute arose because the applicant sought to implement this agreement, which would affect the terms and conditions of employment of certain employees. The respondents, who included various unions and employee representatives, opposed the approval of the agreement, arguing that it did not meet the necessary standards for fair and equitable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for appropriate pay rates, classification, and conditions such as leave entitlements, working hours, and redundancy provisions. Furthermore, the Commission had to determine if the agreement contained any terms that were contrary to public policy or that failed to meet the standards of procedural fairness.

The Commission carefully considered the submissions from both parties, along with the evidence presented. In its decision, the Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment. It found that the pay rates and classification were appropriate, taking into account the nature of the work and industry benchmarks. The Commission also determined that the leave entitlements, working hours, and redundancy provisions were fair and reasonable, and did not contravene any relevant provisions of the Fair Work Act 2009. Additionally, the Commission found that the agreement did not contain any terms that were contrary to public policy or procedural fairness. As a result, the Commission approved the Royal Freemasons Residential Aged Care Enterprise Agreement 2017.

The Fair Work Commission's final orders were that the Royal Freemasons Residential Aged Care Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment and complied with the relevant legislative requirements.

Royal Freemasons Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established