The Trustee For The Arc Unit Trust T/A Arcare Pty Ltd Summary

[2022] FWCA 1655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The Arc Unit Trust T/A Arcare Pty Ltd

(AG2022/1324)

Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 MAY 2022

Application for approval of the Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2021

The Trustee For The Arc Unit Trust T/A Arcare Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Australian Nursing and Midwifery Federation and the Health Workers’ Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 19 May 2022 and, in accordance with s 54, will operate from 26 May 2022. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Arcare Pty Ltd, sought approval of an enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF) and Health Workers' Union (HWU) (Victoria). The application was heard in the Fair Work Commission. The central issue was whether the application complied with the relevant statutory provisions and whether the agreement itself met the necessary standards for approval. The Fair Work Commission examined whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether the agreement had been fairly negotiated.

The Commission first assessed whether the application met the procedural requirements, including proper notification and the provision of relevant documents. It then turned to the substantive content of the agreement, considering whether it provided for minimum terms and conditions as mandated by the Fair Work Act. The Commission also evaluated if the agreement had been made in good faith and whether it met the "better off overall test" to ensure that employees would not be worse off by the terms of the agreement. The Commission found that the application was procedurally sound and that the agreement contained the necessary minimum terms and conditions. It concluded that the agreement was made in good faith and satisfied the better off overall test.

Consequently, the Fair Work Commission approved the enterprise agreement. The decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for both employers and employees while adhering to statutory requirements. The approval of the agreement was contingent on its continued compliance with the Fair Work Act and any subsequent amendments or interpretations by the Fair Work Commission.

The Trustee For The Arc Unit Trust T/A Arcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established