Securo Care Pty. Ltd. T/A Villa Del Sole Summary

[2022] FWCA 3644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Securo Care Pty. Ltd. T/A Villa Del Sole

(AG2022/3834)

SECURO CARE PTY. LTD. (TRADING AS VILLA DEL SOLE), ANMF AND HSU ENERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 19 OCTOBER 2022

Application for approval of the Securo Care Pty Ltd (trading as Villa del Sole), ANFM and HSU Enterprise Agreement 2022

Securo Care Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Securo Care Pty. Ltd. (trading as Villa del Sole), ANMF and HSU Enerprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representatives

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ANMF and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 October 2022. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Securo Care Pty Ltd (trading as Villa del Sole) applied for the approval of the Securo Care Pty Ltd (trading as Villa del Sole), ANFM and HSU Enterprise Agreement 2022. The dispute revolved around the terms of a new enterprise agreement proposed by the employer and the Health Services Union (HSU) on behalf of the employees. The application was heard and determined by the Commission, which was tasked with assessing whether the agreement met the necessary legal standards for approval.

The primary legal issues the Commission needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, including requirements such as the coverage of employees, the process of bargaining, and the substantive terms of the agreement. The Commission also needed to consider whether the agreement promoted harmonious, productive and cooperative workplace relations.

Upon reviewing the application, the Commission found that the agreement satisfied the legal requirements for approval. The agreement was negotiated in good faith, covered all relevant employees, and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement included provisions for fair and transparent processes, as well as provisions for dispute resolution. Additionally, the agreement addressed various employee entitlements and conditions, such as pay rates, leave entitlements, and working conditions, which were considered fair and appropriate. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Securo Care Pty Ltd (trading as Villa del Sole), ANFM and HSU Enterprise Agreement 2022, effective from 1st April 2022. The Commission's decision was based on the finding that the agreement complied with the necessary legal standards and promoted harmonious, productive and cooperative workplace relations. The approved agreement now serves as the basis for the employment conditions of the relevant employees.

Securo Care Pty. Ltd. T/A Villa Del Sole

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established