Star Aged Living Ltd

[2018] FWCA 1176

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Star Aged Living Ltd

(AG2017/6722)

Star Aged Living - Residential Nurses Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 23 FEBRUARY 2018

Application for approval of the Star Aged Living - Residential Nurses Enterprise Agreement 2017.

On 22 December 2017 Star Aged Living Ltd (Applicant) made an application for approval of the Star Aged Living - Residential Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has signed the undertakings to indicate its support.

Subject to the undertakings referred to above, the Commission is 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 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Aged Living Ltd applied to the Fair Work Commission for approval of the Star Aged Living - Residential Nurses Enterprise Agreement 2017. The respondent, Australian Nursing and Midwifery Federation, did not oppose the application but submitted that the agreement should be approved with minor amendments. The Fair Work Commission was required to determine whether the agreement should be approved as is, or with modifications. The Commission found that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009 as it did not specify the period of operation of the agreement, which was a mandatory term. The Commission also found that the agreement did not specify the process for resolving disputes, which was another mandatory term. However, the Commission approved the agreement with minor amendments to the mandatory terms, including the addition of a clause specifying the period of operation and a clause specifying the process for resolving disputes. The Commission considered that these amendments were minor and did not detract from the overall fairness of the agreement. The Commission also noted that the respondent did not object to these amendments.

The Fair Work Commission approved the agreement with minor amendments. The amendments included the addition of a clause specifying the period of operation of the agreement and a clause specifying the process for resolving disputes. The Commission found that these amendments were minor and did not detract from the overall fairness of the agreement. The Commission also noted that the respondent did not object to these amendments. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in all its terms. The Commission approved the agreement with the minor amendments and directed that it be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established