DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunnyside Lutheran Retirement Village
(AG2020/342)

SUNNYSIDE LUTHERAN RETIREMENT VILLAGE ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 23 APRIL 2020

Application for approval of the Sunnyside Lutheran Retirement Village Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sunnyside Lutheran Retirement Village Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunnyside Lutheran Retirement Village. 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2020. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Sunnyside Lutheran Retirement Village involved an application for the approval of the Sunnyside Lutheran Retirement Village Enterprise Agreement 2020. The applicant, Sunnyside Lutheran Retirement Village, sought the Fair Work Commission's approval of the proposed enterprise agreement. The respondents were the Australian Council of Trade Unions and the National Union of Workers. The dispute centred around the terms and conditions of employment under the proposed agreement, particularly concerning wages, conditions, and dispute resolution mechanisms.

The legal issues before the court involved determining whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, if it complied with the Fair Work Act’s provisions, and if it was genuinely negotiated between the parties. The court also needed to assess if the agreement provided adequate protection for employees and if it was free from any elements that might be considered coercive or oppressive.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, and it met the statutory requirements for approval. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and dispute resolution mechanisms. The Commission also noted that the agreement was genuinely negotiated and that it provided adequate protection for employees. The Commission concluded that the agreement was not coercive or oppressive and, therefore, should be approved. The application for approval was subsequently granted.

Sunnyside Lutheran Retirement Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established