St Andrews Village (ACT) T/A St Andrews Village

[2018] FWCA 3434

The attached document replaces the document previously issued with the above code on 13 June 2018.

Correcting the title of the Agreement in the preamble.

Member Assist

Dated 14 June 2018.

[2018] FWCA 3434

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St Andrews Village (ACT) T/A St Andrews Village

(AG2017/5846)

St Andrews Village Enterprise Agreement 2017 - 2020

Aged care industry
Commissioner Johns	SYDNEY, 13 JUNE 2018

Application for approval of the St Andrews Village Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the St Andrews Village Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrews Village (ACT) T/A St Andrews Village. The Agreement is a single enterprise agreement.

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.

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.
The Agreement lodged contained an error at Schedule B, Table 4. On the 12 April 2018, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The United Voice (UV), Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being a 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, St Andrews Village (ACT) trading as St Andrews Village, sought approval for the St Andrews Village Enterprise Agreement 2017-2020. The dispute arose from negotiations between the applicant and its employees, represented by the Australian Services Union, concerning the terms and conditions of employment within the organisation. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the agreement was made in good faith, whether it provided for the appropriate minimum terms and conditions, and whether it was free from any illegality or unfairness. Given the unique nature of St Andrews Village, an organisation providing aged care services, the Commission had to consider whether the proposed agreement appropriately balanced the rights and needs of both the employer and the employees within this specific context.

The Commission found that the agreement was made in good faith, as evidenced by the negotiation process and the inclusion of all relevant matters. The agreement was deemed to provide for the minimum terms and conditions as required by the Fair Work Act. Furthermore, the Commission concluded that the agreement did not contain any illegality or unfairness, taking into account the specific circumstances of the aged care sector. Consequently, the Commission approved the St Andrews Village Enterprise Agreement 2017-2020, effective from 1 July 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established