DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tandara Lodge Community Care Inc.
(AG2020/2511)

TANDARA LODGE COMMUNITY CARE INC. GENERAL STAFF ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 OCTOBER 2020

Application for approval of the The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2020 (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. 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 October 2020 and, in accordance with s.54, will operate from 29 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Tandara Lodge Community Care Inc. for the approval of their General Staff Enterprise Agreement 2020. The dispute centred on whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009, particularly concerning the terms and conditions for staff employed by the organisation. The Commission was tasked with ensuring the agreement was fair and balanced, providing for the proper protection of employees' rights and interests, while also considering the needs of the employer.

The primary legal issues the Commission addressed were whether the agreement provided for minimum wages and conditions, allowed for reasonable variations to accommodate the operational needs of the organisation, and ensured that the agreement was not detrimental to the employees. The Commission also needed to determine if the process by which the agreement was reached complied with the procedural fairness requirements, including adequate consultation and negotiation between the parties.

In its decision, the Commission carefully reviewed the provisions of the proposed agreement against the statutory criteria. It found that the agreement met the minimum wage requirements and included provisions for reasonable variations that were necessary for the efficient operation of the organisation. The Commission also determined that the agreement did not unjustifiably disadvantage the employees and that the process leading to its formulation was fair and in line with the requirements of the Act. Based on these findings, the Commission approved the General Staff Enterprise Agreement 2020, recognising its balance between the interests of the employer and the employees. The Commission's decision was final and binding, as the agreement was approved and could now be implemented.

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