The Trustee For The Arc Unit Trust

[2022] FWCA 4609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The Arc Unit Trust

(AG2022/4428)

Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 DECEMBER 2022

Application for approval of the Arcare Pty Ltd, Aged Care Services, Queensland- Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The Arc Unit Trust. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 Australian Nursing and Midwifery Federation, United Workers Union and The Australian Workers’ Union, 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), I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for the Arc Unit Trust applied to the Fair Work Commission for approval of the Arcare Pty Ltd, Aged Care Services, Queensland- Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, which requires the approval of certain agreements to ensure they meet the standards of the national workplace relations system. The legal issues before the Commission were whether the agreement contained the necessary terms, was fairly negotiated, and complied with the provisions of the Act.

The Commission considered the terms of the agreement, the process of negotiation, and whether the agreement met the statutory requirements. The agreement included provisions for wages and conditions, dispute resolution, and other employment terms. The Commission noted that the agreement was negotiated in good faith and that the parties had made reasonable efforts to reach an agreement. The Commission found that the agreement met the necessary standards and was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the agreement. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and meet the statutory requirements of the Fair Work Act 2009. The approval of the agreement will provide certainty and stability to the employees covered by the agreement, as well as to the employer. The final orders of the Commission were that the Arcare Pty Ltd, Aged Care Services, Queensland- Enterprise Agreement 2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established