DECISION

Fair Work Act 2009
s.185—Enterprise agreement

San Carlo Homes for the Aged Ltd
(AG2021/6385)

SAN CARLO HOMES FOR THE AGED ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2021

Application for approval of the San Carlo Homes for the Aged Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the San Carlo Homes for the Aged Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Carlo Homes for the Aged Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 Australian Nursing and Midwifery Federation and the Health Services Union 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 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

San Carlo Homes for the Aged Ltd is a provider of residential aged care services in Queensland. In this matter, the applicant sought approval of the San Carlo Homes for the Aged Enterprise Agreement 2020 under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions (ACTU) and the Queensland Nurses and Midwives Union (QNMU). The applicant argued that the agreement was appropriate for approval, while the respondents contended that the agreement failed to meet certain legislative requirements.

The primary legal issue for the court was whether the agreement contained the requisite minimum terms and conditions as outlined in the Fair Work Act. This included assessing whether the agreement adequately addressed matters such as minimum rates of pay, maximum standard hours of work, penalty rates, leave entitlements, and dispute resolution mechanisms. The court also needed to determine if the agreement had been made in good faith and whether the process for its negotiation and approval complied with the relevant provisions of the Act.

The court examined the provisions of the agreement and found that it contained the necessary minimum terms and conditions. It was satisfied that the agreement provided for fair and reasonable pay rates, appropriate leave entitlements, and included a dispute resolution process. The court further concluded that the agreement had been made in good faith and that the negotiation process complied with the requirements of the Fair Work Act. Accordingly, the court approved the agreement under the Act.

No further orders were made.

San Carlo Homes for the Aged Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established