Stretton Park Incorporated T/A Stretton Park Aged Care Summary

[2024] FWCA 4586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stretton Park Incorporated T/A Stretton Park Aged Care

(AG2024/4237)

STRETTON PARK NURSES AND HEALTH AND ALLIED EMPLOYEES ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023

Stretton Park Incorporated T/A Stretton Park Aged Care has applied for approval of an enterprise agreement known as the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Australian Nursing and Midwifery Federation and the Health Services Union 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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 29(b)(ii)

However, noting clause 6 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Stretton Park Incorporated, trading as Stretton Park Aged Care, applied to the Fair Work Commission for approval of the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023. The applicants sought to have the enterprise agreement approved in accordance with the provisions of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for nurses and health and allied employees at the aged care facility.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained all the prescribed terms, whether it complied with the good faith bargaining requirements, and whether it was in the best interests of the employees. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the aged care industry.

The Commission found that the proposed enterprise agreement contained all the prescribed terms and was the product of genuine good faith bargaining between the parties. It considered the specific needs of the aged care sector, including the importance of ensuring high-quality care for residents. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. Accordingly, the application for approval was successful, and the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023 was approved.

Stretton Park Incorporated T/A Stretton Park Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established