DECISION

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

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home
(AG2019/3344)

THE LAURA JOHNSON HOME ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 6 DECEMBER 2019

Application for approval of The Laura Johnson Home Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home (the Applicant) for approval of The Laura Johnson Home Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 1 October 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings addressing the concerns raised, on 2 October 2019.

[4] Subject to the Applicant representative’s availability, the matter was listed for a telephone conference before me on 4 December 2019, at which the bargaining representatives confirmed agreement with the signed undertakings as provided.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers’ Union (AWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the ANMF and AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home applied for approval of their Enterprise Agreement 2019, which was to be registered under the Fair Work Act 2009. The application was opposed by the Queensland Nurses and Midwives' Union. The case was heard in the Fair Work Commission, presided over by Commissioner Rimmer.

The primary legal issue before the court was whether the Enterprise Agreement 2019 met the requirements of the Fair Work Act 2009, specifically whether it passed the 'better off overall test' (BOOT) and whether it was appropriately negotiated. The opposition argued that the agreement did not meet the BOOT, as employees would be worse off in terms of their entitlements and conditions. Additionally, the union argued that the agreement was not appropriately negotiated, as it was not made in good faith.

The Fair Work Commission found that the agreement did meet the BOOT, as it provided for a range of benefits to employees, including wage increases and improved conditions. The Commission found that the agreement was appropriately negotiated, as it was made in good faith and with proper consultation. The opposition's arguments were dismissed, and the application for approval of the Enterprise Agreement 2019 was successful. The agreement was subsequently registered under the Fair Work Act 2009.

The court's decision ensures that the employees of The Laura Johnson Home will benefit from the improved conditions and entitlements provided for in the Enterprise Agreement 2019. The registration of the agreement also provides certainty and stability for both the employer and the employees, as it sets out the terms and conditions of employment for the specified period. The decision reinforces the importance of appropriately negotiated enterprise agreements in promoting fair and equitable workplace relations.

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established