RSL Care Rdns Limited T/A Bolton Clarke Allity Summary

[2022] FWCA 3433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RSL Care Rdns Limited T/A Bolton Clarke Allity

(AG2022/3889)

Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 5 OCTOBER 2022

Application for approval of the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022

An application has been made for approval of an enterprise agreement known as the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSL Care Rdns Limited T/A Bolton Clarke Allity. 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RSL Care Rdns Limited T/A Bolton Clarke Allity for the approval of the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022. The agreement aimed to govern the employment terms and conditions of certain employees within the organisation. The dispute centred around the fairness and compliance of the proposed agreement with the relevant statutory requirements. The Fair Work Commission was the tribunal tasked with evaluating the application and determining whether the agreement should be certified as a lawful and appropriate enterprise agreement.

The legal issues before the Commission were primarily whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining if the agreement was made in good faith and if it provided for the proper classification of employees. The Commission also had to consider whether the agreement covered all the relevant employees and if it contained the required provisions, such as those relating to minimum wages, leave entitlements, and other employment standards. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any employees and that it complied with all relevant legislative and regulatory requirements.

In deliberating on the application, the Fair Work Commission assessed the process by which the agreement was formed, the content of the agreement itself, and its compliance with the Fair Work Act. The Commission found that the agreement had been made in good faith and that it appropriately classified employees. The Commission also determined that the agreement covered all relevant employees and contained the necessary provisions as required by law. The Commission was satisfied that the agreement did not unfairly disadvantage any employees and that it complied with all relevant legislative and regulatory requirements. Accordingly, the Commission approved the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022.

The final orders of the Commission included the certification of the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022 as a lawful and appropriate enterprise agreement. This decision effectively set the terms and conditions of employment for the relevant employees, and the agreement came into effect as of the date of the Commission's approval. This outcome ensured that the employees' rights and obligations were clearly defined and protected under the terms of the certified agreement.

RSL Care Rdns Limited T/A Bolton Clarke Allity

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established