DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TLC Aged Care Pty Ltd T/A TLC Aged Care
(AG2018/2753)

TLC AGED CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2017 - 2022

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2018

Application for approval of the TLC Aged Care Victoria, ANMF and HSU Enterprise Agreement 2017 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the TLC Aged Care Victoria, ANMF and HSU Enterprise Agreement 2017 - 2022
[2] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TLC Aged Care Pty Ltd T/A TLC Aged Care. The Agreement is a single enterprise agreement.

[3] 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.

[4] 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.

[5] 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.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2018. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TLC Aged Care Pty Ltd, trading as TLC Aged Care, sought approval for the TLC Aged Care Victoria, ANMF and HSU Enterprise Agreement 2017 - 2022. The application was heard by the Fair Work Commission, which was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate protections for employees and complied with the relevant provisions of the Act.

The primary legal issues the Commission addressed were whether the agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees involved. This included an assessment of the agreement's provisions on pay rates, conditions of employment, dispute resolution mechanisms, and whether it allowed for fair representation of employee interests. The Commission also considered whether the agreement had been genuinely negotiated between the employer and the relevant trade unions.

In reaching its decision, the Commission examined the evidence provided by the parties, including submissions from the employer and the unions. The Commission determined that the agreement met the necessary criteria for approval as it provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement had been genuinely negotiated and included adequate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, recognising it as a legally binding document between the employer and the employees.

TLC Aged Care Pty Ltd T/A TLC 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