DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Society of Saint Hilarion Inc Aged Care
(AG2016/6817)

THE SOCIETY OF SAINT HILARION INC AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 13 DECEMBER 2016

Application for approval of The Society of Saint Hilarion Inc Aged Care Sector Employees Enterprise Agreement 2016.

[1] On 4 November 2016, The Society of Saint Hilarion Inc Aged Care (Applicant) made an application for approval of The Society of Saint Hilarion Inc Aged Care Sector Employees Enterprise Agreement 2016 (Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss. 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Society of Saint Hilarion Inc Aged Care Sector Employees Enterprise Agreement 2016 was the subject of an application for approval before the Fair Work Commission. The Society, an employer in the aged care sector, sought to have the enterprise agreement approved under the Fair Work Act 2009. This application arose from negotiations between the Society and its employees, represented by the Australian Nurses and Midwifery Federation (ANMF), regarding employment conditions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly concerning the process by which it was formed and whether it contained the necessary 'pay and conditions' provisions. The Commission had to ensure that the agreement was not only fairly made but also provided for the minimum entitlements prescribed by the Act, including minimum wages, leave entitlements, and other employment conditions.

The Fair Work Commission found that the agreement was fairly made and contained all the required 'pay and conditions' provisions. The Commission was satisfied with the process of negotiation and the representation of the employees by the ANMF. It was noted that the agreement comprehensively covered the necessary employment terms and conditions, including those related to wages, leave, and other entitlements, thereby meeting the statutory requirements under the Fair Work Act.

The Commission approved the agreement, setting it as a benchmark for the aged care sector employees of The Society of Saint Hilarion Inc. This decision provided clarity and legal certainty to the terms of employment for the affected employees, ensuring compliance with the legislative framework governing enterprise agreements.

The Society of Saint Hilarion Inc Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established