DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sundale Limited T/A Sundale
(AG2016/1655)

SUNDALE LTD ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 25 AUGUST 2016

Application for approval of the Sundale LTD Enterprise Agreement 2016 - 2018.

[1] On 27 June 2016, Sundale Limited T/A Sundale (Applicant) made an application for approval of the Sundale LTD Enterprise Agreement 2016 - 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation, The Australian Workers’ Union, the Queensland Nurses’ Union of Employees and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sundale Limited trading as Sundale, the Fair Work Commission (FWC) was asked to consider and approve the Sundale LTD Enterprise Agreement 2016 - 2018. The dispute centred around the terms of the enterprise agreement, specifically whether the agreement adequately covered all relevant matters and complied with the applicable legal requirements. The application was brought before the FWC by the employer, Sundale Limited, seeking formal approval of the agreement which had been negotiated with the employees' representatives.

The primary legal issues before the FWC involved determining whether the agreement was a "bargaining agreement" as defined in the Fair Work Act 2009, and whether it complied with the formal requirements for approval set out in the Act. Additionally, the FWC needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the interests of both the employer and the employees.

In rendering its decision, the FWC examined the content of the agreement and its compliance with the statutory requirements. The Commission considered the scope of the agreement, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. After reviewing the evidence and submissions from both parties, the FWC found that the agreement met the necessary criteria and was consistent with the legal framework governing enterprise agreements. Consequently, the FWC approved the Sundale LTD Enterprise Agreement 2016 - 2018.

The FWC's approval of the enterprise agreement was subject to specific orders that detailed the effective date of the agreement and any transitional provisions necessary for its implementation. These orders ensured that the agreement would be legally binding and enforceable, providing clarity and certainty for both the employer and the employees moving forward.

Sundale Limited T/A Sundale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established