DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RusCare T/A Kronstadt Gardens Residential Aged Care
(AG2014/11042)

RUSCARE LTD (TRADING AS KRONSTADT GARDENS RESIDENTIAL AGED CARE) ANF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care ) ANF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care) ANF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RusCare Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Nursing & Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care) sought approval of the Aged and Community Care Industry Agreement 2014 (ANF) and the Health Services Union Enterprise Agreement 2014 (HSU EA) under the Fair Work Act 2009. The applicants argued that the agreements provided a suitable framework for the employees, considering the unique nature of the aged care industry. The Federal Court was tasked with determining whether the agreements met the statutory requirements under the Fair Work Act.

The central legal issue before the Court was whether the agreements complied with the Act's provisions. Specifically, the Court had to consider whether the agreements contained appropriate mechanisms for dispute resolution and whether they allowed for the necessary flexibility in the workplace to cater to the needs of the aged care industry. Additionally, the Court assessed whether the agreements provided fair and reasonable terms and conditions of employment for the workers involved.

In delivering the judgment, the Court found that the agreements contained provisions that adequately addressed the unique needs of the aged care industry, including provisions for flexible working arrangements and appropriate dispute resolution mechanisms. The Court held that the agreements met the statutory requirements under the Fair Work Act and, therefore, approved the agreements. The Court concluded that the agreements provided fair and reasonable terms and conditions of employment for the workers involved.

The Court granted the application for approval of the ANF and HSU EA 2014, ensuring that the employees of RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care) would be covered by the agreed terms and conditions. This decision provided clarity and legal certainty for both the employer and the employees, allowing them to operate within the framework established by the approved agreements.

RusCare T/A Kronstadt Gardens Residential Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established