DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare
(AG2017/6536)

SEVENTH-DAY ADVENTIST AGED CARE (VICTORIA) PTY LTD AND (TRADING AS ADVENTCARE), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JUNE 2018

Application for approval of the Seventh-day Adventist Aged Care (Victoria) Pty Ltd (trading as AdventCare), ANMF and HWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Aged Care (Victoria) Pty Ltd (trading as AdventCare), ANMF and HSU 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 Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 (ANMF) and Health Services Union (HSU) 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 was approved on 14 June 2018 and, in accordance with s.54, will operate from 21 June 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Seventh-day Adventist Aged Care (Victoria) Pty Ltd (trading as AdventCare) Enterprise Agreement 2017. This agreement was between the employer and the Australian Nursing and Midwifery Federation and Health Workers Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining the agreement to ensure it complied with the statutory criteria for being considered "better off overall" for the employees.

The key legal issues revolved around the determination of whether the agreement provided a safety net for employees by ensuring that their overall conditions were no worse than those provided for under the relevant award or modern award. The Commission had to consider whether the agreement fairly and accurately reflected the terms and conditions of employment, and whether it provided adequate protections and benefits for employees. Additionally, the Commission had to assess if the agreement allowed for proper consultation and negotiation processes, and if it met the procedural fairness requirements under the Act.

In delivering its decision, the Fair Work Commission found that the agreement satisfied all the necessary statutory criteria. The agreement was deemed to provide employees with a safety net that ensured their overall conditions were no worse than those under the relevant award. The Commission confirmed that the agreement accurately reflected the terms and conditions of employment, provided adequate protections and benefits, and adhered to the procedural fairness requirements. The Commission approved the agreement, finding it met the standards required under the Fair Work Act 2009.

Seventh-day Adventist Aged Care (Victoria) Ltd T/A AdventCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established