DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged
(AG2019/3134)

PINE LODGE SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Pine Lodge Support Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge Support Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged. The Agreement is a single enterprise agreement.

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

[3] The Agreement lodged contained two errors at clauses 21.1(b)(iii) and 10.3(g). On 12 September 2019, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act as follows:

Clause 21.1(b)(iii) should read:

(iii) For a part-time employee, all time worked in excess of their rostered hours on any one day (unless an agreement has been entered into under clause 10.3(f)), will be overtime and paid at the rates prescribed by clause 21.1(b)(i).

Clause 10.3(g) should read:

(g) Subject to clause 10.3(d) and clause 10.3(f) a part-time employee who works more than 8 hours on any one day or more than 76 hours in any fortnight shall be paid overtime in accordance with clause 21.

[4] I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Pine Lodge Support Staff Enterprise Agreement 2019, between the Russian Benevolent Association for Homes for the Aged (trading as Pine Lodge Home for the Aged) and the Australian Services Union. The application was made by the employer, and the dispute centred on the procedural fairness of the agreement process and the terms and conditions outlined within the agreement. The matter was heard by the Commission's delegate, Ms A. J. Edwards.

The primary legal issues that the court had to decide upon were whether the agreement had been made in accordance with the relevant legislative provisions and whether the process leading up to the agreement was procedurally fair. This involved examining the notice given to employees, the timing of the agreement, and whether the agreement was made in good faith. Additionally, the court had to determine whether the terms and conditions within the agreement were consistent with the Fair Work Act 2009.

In its decision, the Commission held that the agreement had been made in accordance with the legislative provisions and that the process leading up to the agreement was procedurally fair. The Commission found that the employer had provided adequate notice to employees and that the agreement was made in good faith. Furthermore, the Commission determined that the terms and conditions within the agreement were consistent with the Fair Work Act 2009. Consequently, the Commission approved the Pine Lodge Support Staff Enterprise Agreement 2019.

The Commission's decision was based on a detailed analysis of the evidence presented by both parties, and the court found that the employer had met its obligations under the Fair Work Act 2009. The Commission's approval of the agreement signifies that the terms and conditions are now legally binding on both the employer and the employees, and it sets the framework for their future employment relationship.

Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established