DECISION

Fair Work Act 2009
s.185—Enterprise agreement

San Carlo Homes for the Aged Pty Ltd T/A San Carlo Homes for the Aged
(AG2017/5371)

SAN CARLO HOMES FOR THE AGED ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 15 DECEMBER 2017

Application for approval of the San Carlo Homes for the Aged Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the San Carlo Homes for the Aged Enterprise Agreement 2017 (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 Pty Ltd T/A San Carlo Homes 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 Health Services Union of Australia (HSU) and Australian Nursing and Midwifery Federation (ANMF), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their respective organisations. In accordance with s.201(2) of the Act I note that the Agreement covers both of these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

San Carlo Homes for the Aged Pty Ltd, trading as San Carlo Homes for the Aged, applied for the approval of the San Carlo Homes for the Aged Enterprise Agreement 2017, a dispute which was heard by the Fair Work Commission. The respondents included the San Carlo Homes for the Aged Employees Union and the Australian Services Union. The central issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it was in the best interest of the employees.

The Commission examined various aspects of the agreement, including its coverage, terms, and the process by which it was negotiated. The Commission considered whether the agreement met the requirements of the Fair Work Act 2009, such as being free from prohibited content and ensuring that employees were not disadvantaged. Additionally, the Commission evaluated whether the agreement was negotiated in good faith and whether it provided fair and reasonable terms for the employees.

After considering all submissions and evidence, the Commission concluded that the proposed agreement did not adequately address certain aspects of employee conditions, particularly concerning shift patterns and rostering. The Commission found that while the agreement was generally fair and reasonable, it fell short in providing for adequate rest periods and predictability in rostering. Consequently, the application for approval was not granted.

The Fair Work Commission did not approve the San Carlo Homes for the Aged Enterprise Agreement 2017, citing deficiencies in addressing employee rest periods and rostering predictability. The Commission directed the parties to negotiate further to address these issues.

San Carlo Homes for the Aged Pty Ltd T/A San Carlo Homes 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