St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel

[2022] FWCA 4272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel

(AG2022/4839)

St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT DEAN	CANBERRA, 6 DECEMBER 2022

Application for approval of the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel. The Agreement is a single enterprise agreement.

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.

I observe that the provisions of the Agreement at clause 36.2 and 53.5 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval of the St Catherine's Hostel Wangaratta Inc (trading as St Catherine's Hostel), ANMF and HSU Enterprise Agreement 2021. The respondent to the application was the applicant's employer, St Catherine's Hostel Wangaratta Inc (trading as St Catherine's Hostel). The dispute centred around the terms and conditions of employment, as outlined in the proposed enterprise agreement, which was to be approved under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement met the "better off overall test" and was "in the interests of employees" as required by section 234 of the Fair Work Act.

The Commission considered the evidence and submissions from both parties, focusing on whether the proposed agreement provided employees with a better outcome than if they were subject to the relevant award or registered agreement. The Commission also examined whether the agreement was in the interests of the employees and whether it contained terms that were "fair and reasonable" as per section 235 of the Fair Work Act. The Commission noted that the agreement provided for a wage increase, improvements to leave provisions, and other benefits that were considered favourable to the employees. The Commission found that the agreement met the better off overall test and was in the interests of the employees, and therefore approved the agreement.

In approving the enterprise agreement, the Commission noted that it would have effect from the first day of the first agreed pay period after the agreement was registered by the Commission. The agreement would replace any existing enterprise agreement between the parties and would be the governing document for the employment of the employees covered by the agreement until it was terminated or replaced by a new agreement. The Commission also noted that the agreement would be subject to the provisions of the Fair Work Act and any relevant awards or registered agreements. The Commission's decision was based on a thorough consideration of the evidence and submissions presented by both parties and was made in accordance with the relevant legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established