St Basil’s Homes For The Aged In Victoria

[2022] FWCA 3498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Basil’s Homes For The Aged In Victoria

(AG2022/3909)

St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT BELL	MELBOURNE, 10 OCTOBER 2022

Application for approval of the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, St Basil’s Homes For The Aged In Victoria. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

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.

The Agreement was approved on 10 October 2022 and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 1 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022, the applicant sought a decision from the Fair Work Commission. The applicant, St Basil’s Homes for the Aged in Victoria, requested the approval of a proposed enterprise agreement between the Australian Nursing and Midwifery Federation and the Health Workers Union. The dispute centred on the terms and conditions outlined in the proposed agreement, including employment rights, wages, and workplace conditions for employees working within the aged care facilities operated by St Basil’s Homes.

The legal issues before the court required careful consideration of the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the statutory requirements for approval, including whether it provided for the protection of employees' rights and interests, and whether it adhered to the principles of the Fair Work Act, such as procedural fairness and good faith bargaining. The court also had to assess whether the agreement was in the best interests of the employees and the employer, and whether it was free from any unfair or unreasonable terms.

After reviewing the submissions and evidence presented by both parties, the court found that the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act. The court determined that the agreement provided adequate protections for the employees and reflected the principles of procedural fairness and good faith bargaining. Furthermore, the court concluded that the agreement was in the best interests of both the employees and the employer, and that it did not contain any terms that were unfair or unreasonable. Consequently, the court approved the proposed agreement.

The final orders of the court were that the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022 be approved and registered under the Fair Work Act. This decision allowed the agreement to take effect and bind the parties involved, ensuring that the terms and conditions of employment were legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established