DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (NSW) Property Trust T/A Aged Care Plus
(AG2017/4921)

AGED CARE PLUS ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MARCH 2018

Application for approval of the Aged Care Plus Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Plus 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 The Salvation Army (NSW) Property Trust T/A Aged Care Plus. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union, the Australian Nursing and Midwifery Federation, the Queensland Nurses and Midwives Union of Employees and the Australian Workers’ Union being a 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 these organisations.

[6] The Agreement was approved on 28 March 2018 and, in accordance with s.54, will operate from 4 April 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 Salvation Army (NSW) Property Trust, trading as Aged Care Plus, sought approval for the Aged Care Plus Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The primary dispute involved whether the terms of the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement provided for the minimum terms and conditions of employment as required by law, including minimum wages, penalty rates, and leave entitlements. Additionally, the court had to determine if the agreement was procedurally fair, considering the process by which it was negotiated and the extent of employee representation during the negotiation process. The court was also tasked with assessing the fairness of the agreement in terms of its impact on the employees' overall terms and conditions of employment.

The Fair Work Commission found that the agreement contained all necessary minimum terms and conditions as stipulated by the Fair Work Act. The court determined that the negotiation process was fair and that the employees were adequately represented during the bargaining process. The commission concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees. Consequently, the application for approval of the Aged Care Plus Enterprise Agreement 2017 was granted.

The final orders of the Fair Work Commission included the approval of the Aged Care Plus Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all employees covered by the agreement. The decision was binding on all parties and would govern the employment terms and conditions until the next agreed period for renegotiation.

The Salvation Army (NSW) Property Trust T/A Aged Care Plus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established