DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour
(AG2019/2986)

SEYMOUR ELDERLY CITIZENS HOSTEL INC (TRADING AS KARINGAL SEYMOUR), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of the Seymour Elderly Citizens Hostel Inc (trading as Karingal Seymour), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Seymour Elderly Citizens Hostel Inc (trading as Karingal Seymour), 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 Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour. 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 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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 is approved and, in accordance with s.54 of the Act, will operate from 16 December 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Seymour Elderly Citizens Hostel Inc. (trading as Karingal Seymour), the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), an application was brought before the Fair Work Commission to approve an enterprise agreement. The agreement in question was the 2017 Karingal Seymour Enterprise Agreement. The application for approval arose as the parties sought to formalise their employment terms and conditions. The legal issues before the Commission centred on whether the agreement met the necessary statutory requirements under the Fair Work Act 2009, including whether it provided for the minimum entitlements and protections required by law, and whether it was made in good faith and without coercion.

The Commission considered the provisions of the proposed agreement against the statutory minimum standards and found that the agreement complied with the requirements. The analysis involved a detailed examination of the agreement's terms concerning pay rates, hours of work, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement provided for the minimum entitlements and protections as prescribed by the Act. Furthermore, the Commission found that the agreement was made in good faith and without any element of coercion, as required by the legislation. Consequently, the application for approval was successful.

The Fair Work Commission approved the 2017 Karingal Seymour Enterprise Agreement, recognising it as a lawful and fair agreement between the parties. The Commission's decision was based on the agreement meeting all statutory requirements under the Fair Work Act 2009. The approval of the agreement formalised the employment terms and conditions for the employees of Seymour Elderly Citizens Hostel Inc., governed by the agreement. This decision ensures that the employees benefit from the agreed-upon terms, which are in compliance with the legal standards and protections provided by the Act.

Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established