DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serbian Community Welfare Association of SA Inc T/A Pennwood Aged Care Services
(AG2021/4877)

PENNWOOD AGED CARE SERVICES ENTERPRISE AGREEMENT 2021-2023

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 18 JUNE 2021

Application for approval of the Pennwood Aged Care Services Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Pennwood Aged Care Services Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serbian Community Welfare Association of SA Inc T/A Pennwood Aged Care Services. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Serbian Community Welfare Association of SA Inc trading as Pennwood Aged Care Services, the Fair Work Commission was called upon to approve an enterprise agreement between the employer and its employees. The dispute centred around the proposed terms and conditions of employment set forth in the Pennwood Aged Care Services Enterprise Agreement 2021-2023. The Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it provided fair and reasonable terms for the employees.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness and substantive fairness. Specifically, the Commission needed to assess whether the agreement provided for the employees' minimum entitlements, whether it was made in good faith, and whether it met the requirements for coverage, registration, and the resolution of any disputes. Additionally, the Commission had to consider the impact of the proposed agreement on the employees' working conditions and overall fairness.

In reaching its decision, the Commission examined the evidence and submissions provided by both the employer and the employees. It considered the minimum entitlements mandated by the Fair Work Act, the principles of good faith bargaining, and the overall fairness of the agreement. The Commission found that the agreement was compliant with the legislative requirements and provided for the employees' minimum entitlements. It also determined that the agreement was made in good faith and met the criteria for coverage, registration, and dispute resolution. Furthermore, the Commission concluded that the proposed terms and conditions were fair and reasonable, taking into account the needs and circumstances of the employees.

Consequently, the Fair Work Commission approved the Pennwood Aged Care Services Enterprise Agreement 2021-2023, deeming it to be compliant with the relevant legislation and fair to the employees. The agreement was registered, and the terms and conditions it set forth became binding on both the employer and the employees for the duration of the agreement.

Serbian Community Welfare Association of SA Inc T/A Pennwood Aged Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established