Stroud Community Care Ltd

[2024] FWCA 1602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stroud Community Care Ltd

(AG2024/844)

STROUD COMMUNITY LODGE INC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of the Stroud Community Lodge Inc, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Stroud Community Lodge Inc, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Stroud Community Care Ltd (Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 26 February 2024 in accordance with s.185(3) of the Act. As it was not filed until 20 March 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stroud Community Care Ltd was the applicant, seeking approval for the Stroud Community Lodge Inc, NSWNMA and HSU NSW Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The primary concern was whether the proposed enterprise agreement would provide fair and reasonable terms and conditions for the employees involved, particularly in light of the specific industry standards and the needs of the community care sector.

The legal issues the court had to resolve included whether the agreement adhered to the requirements set out in the Fair Work Act, including whether it covered the minimum terms and conditions, and whether it provided for fair and reasonable terms in relation to remuneration and other employment conditions. Additionally, the court needed to ensure that the agreement did not undermine the existing rights of employees and that it was not contrary to the public interest.

The Fair Work Commission carefully examined the proposed agreement, considering the specific circumstances of the community care sector. The court found that the agreement provided for fair and reasonable terms, ensuring that it met the statutory requirements. The Commission noted that the agreement included provisions for adequate remuneration, leave entitlements, and other conditions that were consistent with industry standards. Furthermore, the agreement did not undermine existing employee rights and was deemed to be in the public interest, as it aimed to support the provision of essential community care services.

The Fair Work Commission approved the Stroud Community Lodge Inc, NSWNMA and HSU NSW Enterprise Agreement 2023, confirming its compliance with the Fair Work Act. This decision allows the agreement to take effect, providing a framework for the employment conditions of the employees within the specified organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established