Tabulam And Templer Homes For The Aged Inc Summary

[2023] FWCA 1550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tabulam And Templer Homes For The Aged Inc

(AG2023/870)

TABULAM & TEMPLER HOMES FOR THE AGED INC., ANMF AND HWU ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 30 MAY 2023

Application for approval of the Tabulam & Templer Homes for the Aged Inc., ANMF and HWU Enterprise Agreement 2022

Tabulam and Templer Homes for the Aged Inc (Employer) has made an application for approval of an enterprise agreement known as the Tabulam & Templer Homes for the Aged Inc., ANMF and HWU Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Notice of employee representational rights (NERR)

The NERR issued to employees was not in the prescribed form as it contained additional information relating to contact details for the Commission. The Employer provided submissions that this constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the FW Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the FW Act.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Tabulam & Templer Homes for the Aged Inc., the Australian Nursing and Midwifery Federation (ANMF), and the Health Workers Union (HWU). The dispute centred on the application for approval of their Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The tribunal was tasked with determining whether the agreement met the necessary criteria for approval, ensuring it complied with relevant legislative requirements and was in the best interests of the employees and the organisation.

The primary legal issues the court needed to address were whether the agreement was genuinely a product of genuine bargaining, if it provided adequate terms and conditions for the employees, and if it complied with the Fair Work Act 2009. The court also had to consider whether the agreement provided for fair and equitable outcomes for all parties involved and if it adhered to the principles of good faith bargaining. Additionally, the tribunal had to ensure that the agreement did not undermine the broader objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relationships.

In reaching its decision, the tribunal carefully examined the evidence presented regarding the bargaining process, the content of the agreement, and its implications for the employees and the employer. The tribunal found that the agreement was a genuine product of bargaining and provided fair and reasonable terms for the employees. The tribunal also determined that the agreement did not contravene any provisions of the Fair Work Act and was in the best interests of both the employees and the organisation. Consequently, the tribunal approved the Tabulam & Templer Homes for the Aged Inc., ANMF and HWU Enterprise Agreement 2022.

Tabulam And Templer Homes For The Aged Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established