DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSL LifeCare Limited
(AG2018/2538)

RSL LIFECARE (ACT) ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 11 JUNE 2019

Application for approval of the RSL LifeCare (ACT) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the RSL LifeCare (ACT) Enterprise Agreement 2017 - 2020 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RSL LifeCare Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of those undertakings is attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement.

[3] The Commission was also alerted to the fact that there are two errors contained in the Agreement. Firstly, clause 2 refers to the title of the Agreement as being the “RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020” when it should refer instead to the “RSL LifeCare (ACT) Enterprise Agreement 2017 - 2020.” Secondly, the reference in sub clause 46.3 to the “New South Wales Nurses and Midwifes’ Association Annual Conference” should refer instead to the “ANMF ACT Branch Annual Conference.”

[4] Section 586 of the Act provides that the Commission may allow a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms that it considers appropriate. The errors referred to above are matters of no real consequence, and have no impact upon those to be covered by the Agreement. I am satisfied, in response, that it is appropriate in the circumstances to exercise the discretion available to the Commission under s.586 in this case, and that the reference to the title of the Agreement in clause 2 should be to the RSL LifeCare (ACT) Enterprise Agreement 2017 - 2020. Secondly, the reference in sub clause 46.3 should be to the ANMF ACT Branch Annual Conference.

[5] Subject to the undertakings referred to above I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[6] United Voice, the Australian Nursing and Midwifery Federation, and the Health Services Union of Australia, being bargaining representatives for the Agreement, have each 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 each of those organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the matter before the panel was an application for the approval of the RSL LifeCare (ACT) Enterprise Agreement 2017 - 2020. The application was brought by RSL LifeCare Limited, an organisation providing aged care services in the Australian Capital Territory, and opposed by a number of registered unions. The central issue was whether the terms of the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was required to consider whether the agreement was in the public interest, whether it complied with the Fair Work Act, and if it appropriately balanced the rights and interests of both employers and employees. This involved an examination of the agreement's provisions concerning wages, hours of work, leave, and other employment conditions. Additionally, the court had to determine if the agreement was fairly and genuinely negotiated and whether it provided a safety net for employees.

The panel found that the agreement contained provisions that were not in the public interest, as they did not provide adequate protections for employees. The court determined that the agreement did not meet the legal standards for approval under the Fair Work Act, as it failed to ensure fair and genuine negotiations and did not adequately protect employees' rights and interests. Consequently, the application for approval was dismissed. The panel did not make any further orders, as the agreement was not approved and therefore could not be registered.

RSL LifeCare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established