ADDENDUM TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sundale Ltd
(AG2019/3906)

SUNDALE LTD ENTERPRISE AGREEMENT 2018 - 2021

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 31 DECEMBER 2019

Application for approval of the Sundale Ltd Enterprise Agreement 2018-2021.

[1] On 24 December 2019, I approved the Sundale Ltd Enterprise Agreement 2018 - 2021 (Agreement) [[2019] FWCA 8358], subject to Sundale Ltd (Sundale) filing in the Fair Work Commission (Commission) “consolidated undertakings incorporating those already given and those proffered” in Sundale’s submissions dated 2 December 2019.

[2] Sundale was directed to provide the consolidated undertakings at 5 pm on 30 December 2019. Sundale did so yesterday. A copy of the undertakings is attached in Annexure A.

[3] Sundale has complied with the condition precedent I set for the operation of the Agreement. Consequently, I confirm that the Agreement (and the consolidated undertakings which are taken to be a term of the Agreement) operates from today. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for approval of the Sundale Ltd Enterprise Agreement 2018-2021. The applicant, Sundale Ltd, sought approval for the agreement which was to govern the terms and conditions of employment for its employees in the aged care industry over a period of three years. The Commission, represented by Commissioner John, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Agreement was in the public interest and met the requirements for approval as set out in the Fair Work Act. This included considerations of whether the Agreement facilitated a productive workplace relationship, and whether it provided for the fair resolution of workplace disputes. The Commission was also required to consider whether the Agreement provided for the fair treatment of employees, including provisions for minimum wages, leave entitlements, and conditions of work.

In making its decision, the Commission noted that Sundale Ltd had provided consolidated undertakings as directed, which addressed certain concerns raised during the initial approval process. The undertakings included commitments to adhere to specific provisions relating to employee entitlements and workplace practices. The Commission found that these commitments ensured the Agreement met the necessary criteria for approval. The Commission concluded that the Agreement was in the public interest and facilitated a productive workplace relationship. It also provided for the fair treatment of employees and the fair resolution of workplace disputes.

Consequently, the Fair Work Commission approved the Sundale Ltd Enterprise Agreement 2018-2021, subject to the consolidated undertakings being incorporated as a term of the Agreement. The Agreement is now in operation and will remain so until its nominal expiry date of 31 December 2021. The Commission's decision confirms that the Agreement is valid and enforceable under the Fair Work Act.

SUNDALE LTD ENTERPRISE AGREEMENT 2018 - 2021

ADDENDUM TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established