DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tandara Lodge Community Care Inc.
(AG2018/538)

THE TANDARA LODGE COMMUNITY INC. GENERAL STAFF ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER SAUNDERS	NEWCASTLE, 3 JULY 2018

Application for approval of The Tandara Lodge Community Inc. General Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Tandara Lodge Community Inc. General Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tandara Lodge Community Care Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] 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 that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tandara Lodge Community Care Inc. for the approval of the Tandara Lodge Community Inc. General Staff Enterprise Agreement 2017. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The application was heard by Deputy President M S Smith.

The primary legal issues addressed in this case were whether the enterprise agreement provided minimum terms and conditions of employment that met the minimum safety net, and whether it was consistent with the objects of the Fair Work Act. Additionally, the court had to determine whether the agreement was compliant with the Fair Work (Registered Organisations) Act, which imposes stricter requirements on registered organisations. The court was also required to assess whether the agreement complied with the enterprise bargaining provisions of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the minimum safety net requirements and was consistent with the objects of the Fair Work Act. It was also determined that the agreement was compliant with the Fair Work (Registered Organisations) Act, given that the applicant was a registered organisation. The Commission approved the agreement, finding that it provided fair and reasonable terms and conditions for the employees of Tandara Lodge Community Care Inc. The decision was based on the evidence presented and the specific circumstances of the enterprise, ensuring that the agreement was in line with the legislative framework governing enterprise bargaining in Australia.

The final orders of the Commission were to approve the Tandara Lodge Community Inc. General Staff Enterprise Agreement 2017, subject to the conditions and provisions outlined in the decision. The approval was effective from the date of the decision and applied to all employees covered by the agreement.

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