| [2023] FWCA 974 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ukrainian Elderly People’s Home T/A Kalyna Care
(AG2023/306)
UKRAINIAN ELDERLY PEOPLES HOME INC. (TRADING AS KALYNA CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 3 APRIL 2023 |
Application for approval of the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2022
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2022 (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 and the Health Services 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 10 April 2023. The nominal expiry date of the Agreement is 31 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Ukrainian Elderly People’s Home T/A Kalyna Care [2023] FWCA 974
- Case
- [2023] FWCA 974
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was "freely" negotiated and if it contained the mandatory minimum terms and conditions as required by the Act. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements of the Act. Additionally, the Commission examined if the agreement included the mandatory minimum terms and if it provided for a fair and efficient workplace.
After thorough consideration, the Commission approved the agreement. It found that the agreement was the result of genuine negotiations between the parties and contained all the mandatory minimum terms and conditions. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and complied with the statutory requirements of the Act. The Commission concluded that the agreement was in the best interests of the employees and the employer, promoting a fair and efficient workplace.
The Commission approved the Kalyna Care Enterprise Agreement 2022, effective from 1 January 2022. The agreement outlines the terms and conditions of employment for the staff at Kalyna Care, including wages, hours of work, and other employment-related matters. The approval of the agreement ensures that the employees and the employer have a clear understanding of their respective rights and obligations, promoting a harmonious and productive working environment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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