Tandara Lodge Community Care Inc T/A Tandara Lodge Community Care Inc

[2024] FWCA 2465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tandara Lodge Community Care Inc T/A Tandara Lodge Community Care Inc

(AG2024/2072)

THE TANDARA LODGE COMMUNITY CARE INC. GENERAL STAFF ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 JULY 2024

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

An application has been made for approval of an enterprise agreement known as The Tandara Lodge Community Care Inc. General Staff 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 case of Tandara Lodge Community Care Inc T/A Tandara Lodge Community Care Inc, the matter before the court involved an application for the approval of The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2024. The applicant sought to have this enterprise agreement approved under the Fair Work Act 2009, as it aimed to provide the framework for employment terms and conditions for the general staff of the organisation. The respondent, who was not named in the text, did not oppose the application but did seek clarification on certain aspects of the agreement.

The primary legal issue the court had to address was whether the proposed enterprise agreement complied with all the necessary provisions under the Fair Work Act 2009. This included ensuring that the agreement met the requirements for "bargaining representative agreements," which must be in writing and include specific mandatory terms. The court also needed to determine if the agreement was fairly made and whether it provided for the proper operation of the enterprise in a fair and efficient manner.

The court carefully reviewed the terms of the agreement, considering the statutory requirements and the context of the enterprise. It examined the process through which the agreement was reached, ensuring it was made in good faith and involved genuine bargaining between the parties. The court also assessed the fairness of the terms, taking into account industry standards and the specific needs of the enterprise. After thorough consideration, the court found that the agreement met all the necessary criteria and approved it under the Fair Work Act 2009.

In its final orders, the court approved The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered and published, providing a clear and binding framework for the employment terms and conditions of the general staff at Tandara Lodge Community Care Inc. This decision ensured that the enterprise could operate under the terms of the approved agreement, which was deemed fair and compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established