DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbury Community Health Centre Ltd T/A Sunbury Lions Community Aged Care
(AG2019/3777)

SUNBURY COMMUNITY HEALTH CENTRE (TRADING AS SUNBURY LIONS COMMUNITY AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Sunbury Community Health Centre (trading as Sunbury Lions Community Aged Care), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunbury Community Health Centre (trading as Sunbury Lions Community Aged Care), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunbury Community Health Centre Ltd T/A Sunbury Lions Community Aged Care. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clauses 46.3, 54.2, 55.3 and 54.5(c) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sunbury Community Health Centre Limited, trading as Sunbury Lions Community Aged Care, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), applied to the Fair Work Commission (FWC) for approval of their 2017 Enterprise Agreement. The dispute arose from the negotiation and subsequent approval process of the agreement, which sought to regulate the terms and conditions of employment for the employees under the centre. The FWC was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration.

The primary legal issue before the FWC was whether the Enterprise Agreement satisfied the requirements set out in the Fair Work Act, particularly focusing on the provisions related to minimum entitlements, the agreement's coverage, and whether it complied with the 'better off overall test'. Additionally, the FWC needed to consider whether the agreement was made in good faith and whether it contained the necessary provisions for minimum wages and conditions. The FWC also examined if the agreement provided fair terms and conditions for employees, ensuring they were not disadvantaged by the terms of the agreement.

In reaching its decision, the FWC meticulously reviewed the provisions of the Enterprise Agreement, considering the evidence and submissions from both parties. The FWC found that the agreement met the statutory requirements and was fair and reasonable. It included provisions that ensured employees were not worse off overall and satisfied the 'good faith' requirement. The FWC also confirmed that the agreement provided for minimum entitlements and was comprehensive in its coverage of the employees. Consequently, the FWC approved and registered the agreement, deeming it to be compliant with the Fair Work Act.

The FWC ordered the registration of the Sunbury Community Health Centre (trading as Sunbury Lions Community Aged Care) ANMF and HSU Enterprise Agreement 2017, effective from the date of the decision. This registration ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, providing a clear framework for the employment relationship moving forward.

Sunbury Community Health Centre Ltd T/A Sunbury Lions Community 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