DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tandara Lodge Community Care Inc.
(AG2019/1755)

TANDARA LODGE COMMUNITY CARE INC. NURSES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 AUGUST 2019

Application for approval of the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tandara Lodge Community Care Inc. (Employer). 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.

[3] Subject to the undertakings, 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] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Tandara Lodge Community Care Inc., a provider of aged care services, and the nurses who worked for the company. The matter before the court was the approval of the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2018. The dispute was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal.

The legal issues before the tribunal were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for the approval of an enterprise agreement under the Act. Specifically, the tribunal had to consider whether the agreement provided for minimum rates of pay, entitlements, and conditions that were no less favourable than the applicable award or safety net award, and whether the agreement had been certified as a simple, genuine, and independent agreement by the Australian Council of Trade Unions or another authorised organisation.

The tribunal found that the agreement met all the necessary criteria for approval. It provided for minimum rates of pay, entitlements, and conditions that were no less favourable than the applicable award, and it had been certified as a genuine and independent agreement by the Australian Council of Trade Unions. The tribunal also noted that the agreement provided for certain improvements to the nurses' working conditions, such as additional paid leave entitlements and a new shift allowance, and that these improvements were consistent with the objectives of the Fair Work Act.

As a result, the tribunal approved the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2018, and it came into effect on 1 July 2018. The approval of the agreement provides certainty and stability to the nurses' working conditions and helps to ensure that they are treated fairly and equitably in their employment.

Tandara Lodge Community Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established