DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke's Care T/A St Luke's Aged Care
(AG2021/68)

ST LUKE'S CARE TRADING AS ST LUKE'S AGED CARE (NURSES) AND NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of the St Luke's Care trading as St Luke's Aged Care (Nurses) and NSWNMA/ANMF NSW Branch Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the St Luke’s Care trading as St Luke’s Aged Care (Nurses) and NSWNMA/ANMF NSW Branch Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Luke’s Care T/A St Luke’s Aged Care. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Luke's Care, trading as St Luke's Aged Care, sought approval for the St Luke's Care (Nurses) and NSWNMA/ANMF NSW Branch Enterprise Agreement 2020-2023. The dispute was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia. The applicant argued that the agreement should be approved as it met the criteria under the Fair Work Act 2009. The central legal issue before the commission was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act, particularly whether it contained terms that were in the best interests of the employees and did not discriminate against any employees.

The Fair Work Commission carefully examined the agreement, considering whether it adhered to the procedural requirements and the substantive provisions outlined in the Fair Work Act. The commission assessed the fairness of the terms, including wages, working conditions, and other employment-related matters. The applicant argued that the agreement was fair and in the best interests of the employees, as it provided for reasonable working conditions and adequate remuneration. The commission found that the agreement contained terms that met the statutory criteria for approval, as it was not found to be discriminatory and was deemed to be in the best interests of the employees.

Consequently, the Fair Work Commission approved the St Luke's Care (Nurses) and NSWNMA/ANMF NSW Branch Enterprise Agreement 2020-2023, finding that it met the legislative requirements for approval. The agreement was approved as it contained terms that were fair and in the best interests of the employees, without any discriminatory provisions. The final orders of the commission were that the enterprise agreement be approved and registered under the Fair Work Act.

St Luke's Care T/A St Luke's 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