DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sarina Aged Residential Home Inc
(AG2019/1828)

SARINA AGED RESIDENTIAL HOME ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 JULY 2019

Application for approval of the Sarina Aged Residential Home Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Sarina Aged Residential Home Inc(the applicant) for the approval of an enterprise agreement known as the Sarina Aged Residential Home Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Pay rates for part-time employees; and

• Pay rates for training outside rostered hours.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sarina Aged Residential Home Inc applied for approval of the Sarina Aged Residential Home Enterprise Agreement 2019 before the Fair Work Commission. The applicant, an aged care provider, sought to formalise terms and conditions for its employees under the Fair Work Act 2009. The dispute centred around the agreement's provisions relating to pay rates, penalty rates, and conditions of employment, which were contested by the Australian Council of Trade Unions, representing the employees.

The court had to determine whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and if it was genuinely agreed upon by both parties. The legal issues also included whether the agreement's provisions aligned with the safety net of minimum entitlements and whether there were any procedural irregularities in the agreement-making process.

The Fair Work Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement was genuinely agreed upon by both parties and that it did not contravene the safety net of minimum entitlements. The Commission also found that there were no procedural irregularities in the agreement-making process. The court concluded that the agreement was in the best interests of the employees and the broader community.

The Fair Work Commission approved the Sarina Aged Residential Home Enterprise Agreement 2019, subject to certain minor amendments. The final orders included that the agreement would come into effect on a specified date and that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act.

Sarina Aged Residential Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established