DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siena Management Services Pty Ltd T/A Martyn Claver Aged Care
(AG2020/1899)

MARTYN CLAVER NURSING HOME ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 OCTOBER 2020

Application for approval of the Siena Management Services Pty Ltd T/A Martyn Claver Nursing Home Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Martyn Claver Nursing Home Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Siena Management Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 9 September 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Nurses Award 2010, Aged Care Award 2010, and Health Professionals and Services Award 2010 respectively), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Australian Nursing and Midwifery Federation New South Wales Branch, and Health Services Union of Australia NSW Branch, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Siena Management Services Pty Ltd, trading as Martyn Claver Aged Care, applied to the Fair Work Commission for approval of the Siena Management Services Pty Ltd T/A Martyn Claver Nursing Home Enterprise Agreement 2020. The application involved the approval of a new enterprise agreement for employees working at the aged care facility. The dispute centred on whether the proposed agreement met the legal requirements under the Fair Work Act 2009 and Fair Work Regulations 2009.

The legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it contained all the required terms and conditions, and if it met the procedural requirements for approval. The court examined if the agreement was negotiated in good faith and if it provided for a fair and reasonable outcome for both the employer and employees. Additionally, the court assessed if the agreement complied with the relevant legislative framework, including the disclosure and procedural fairness provisions.

The Fair Work Commission determined that the agreement was genuine and had been negotiated in good faith. It found that the agreement contained all the necessary terms and conditions as required by the legislation. Furthermore, the Commission was satisfied that the procedural fairness requirements were met, including the proper disclosure of documents and the opportunity for employees to seek legal advice. Consequently, the Commission approved the Siena Management Services Pty Ltd T/A Martyn Claver Nursing Home Enterprise Agreement 2020.

The Fair Work Commission approved the proposed enterprise agreement, affirming its compliance with the Fair Work Act 2009 and Fair Work Regulations 2009. This decision ensured that the terms and conditions of employment for the employees at the aged care facility were legally binding and properly negotiated.

Siena Management Services Pty Ltd T/A Martyn Claver Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established