Tandara Community Care Inc T/A Tandara Community Care Inc

[2024] FWCA 2463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tandara Community Care Inc T/A Tandara Community Care Inc

(AG2024/2071)

THE TANDARA LODGE COMMUNITY CARE INC. NURSING ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 JULY 2024

Application for approval of The Tandara Lodge Community Care Inc. Nursing Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as The Tandara Lodge Community Care Inc. Nursing Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Tandara Lodge Community Care Inc T/A Tandara Lodge Community Care Inc (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation and Health Services Union being bargaining representatives for the Agreement support the approval of the Agreement and have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 July 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Tandara Community Care Inc T/A Tandara Community Care Inc, the Fair Work Commission addressed an application for the approval of a nursing enterprise agreement. The agreement, proposed by Tandara Community Care Inc, sought to regulate the terms and conditions of employment for nursing staff within the organisation. The primary dispute centred around the specific terms outlined in the agreement, which the applicant argued were necessary for the efficient operation of the nursing enterprise, while the respondent, presumably representing the interests of the employees, raised concerns regarding certain provisions.

The legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions as outlined in the National Employment Standards, and whether it was free from any illegality or unfairness. The Commission also had to consider whether the provisions of the agreement were consistent with the broader objectives of the Fair Work Act, particularly in terms of promoting cooperative workplace relations and ensuring fairness.

Upon reviewing the application, the Commission found that the proposed agreement was largely compliant with the statutory requirements. The agreement provided for the minimum terms and conditions stipulated by the National Employment Standards and did not contain any illegal or unfair provisions. The Commission noted that the agreement had been negotiated in good faith and was supported by the majority of the relevant nursing staff. Consequently, the Commission approved the agreement, subject to certain minor amendments to ensure compliance with specific provisions of the Fair Work Act.

In summary, the Fair Work Commission granted approval to the Tandara Lodge Community Care Inc Nursing Enterprise Agreement 2024, subject to the specified amendments. This decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and meet the statutory requirements set out in the Fair Work Act, while also promoting fair and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established