DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Vincent's Care Services Ltd T/A St Vincent's Care Services
(AG2021/129)

ST VINCENT'S CARE SERVICES NSW ENTERPRISE AGREEMENT 2020 - 2022

Aged care industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the St Vincent's Care Services NSW Enterprise Agreement 2020 - 2022.

[1] St Vincent's Care Services Ltd T/A St Vincent's Care Services (the Applicant) have applied for approval of an enterprise agreement known as the St Vincent's Care Services NSW Enterprise Agreement 2020 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 February 2021.

[3] On 15 February 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 27 April 2021. The undertaking deals with the following topics:

• Providing an amended penalty rate for Night shift commencing at 4.00pm and before 4.00am for Care Service Employees and Clerical & Administrative Employees,

• Providing an amended hourly rate for Grade 2 – Level II Care Service Employee - Support, Maintenance, Food Services, Cleaning, Laundry Services, Maintenance Services, and Driving, and

• Providing an amended hourly rate for Grade 2 – Level II Care Service Employee – Care.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking or did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Health Services Union and the Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers these organisations.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent's Care Services Ltd, trading as St Vincent's Care Services, sought approval of their Enterprise Agreement for the period 2020-2022. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval. The dispute centred around whether the agreement was in compliance with the Fair Work Act 2009 and whether it met the procedural requirements for an enterprise agreement.

The central legal issues involved whether the agreement had been fairly negotiated and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interest of the employees covered by it. The fairness of the negotiation process and the comprehensiveness of the agreement's terms were pivotal in this determination.

The Fair Work Commission reviewed the negotiation process, the contents of the agreement, and the interests of the employees. The court found that the negotiation process was conducted in good faith and that the agreement contained all required minimum terms and conditions. It was also determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms. Based on these findings, the court approved the Enterprise Agreement.

The Fair Work Commission granted the application, approving the St Vincent's Care Services NSW Enterprise Agreement 2020-2022 as meeting the necessary legal criteria. The decision highlighted the importance of ensuring that enterprise agreements are fairly negotiated and beneficial to the employees they cover.

St Vincent's Care Services Ltd T/A St Vincent's Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established