Uniting Agewell Limited T/A Uniting Agewell Summary

[2024] FWCA 3947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Uniting Agewell Limited T/A Uniting Agewell

(AG2024/3835)

UNITING AGEWELL VICTORIA ANMF, HWU AND ASU ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 NOVEMBER 2024

Application for approval of the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 1 April 2028.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Nursing and Midwifery Federation.

The Health Services Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Health Workers Union.

The Australian Municipal, Administrative, Clerical & Services Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Municipal, Administrative, Clerical & Services Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting Agewell Limited, trading as Uniting Agewell, applied to the Fair Work Commission for approval of the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2024. The dispute arose as the applicant sought to have the agreement, which was negotiated with the Australian Nursing and Midwifery Federation, Health Workers Union and the Australian Services Union, recognised as a protected action agreement under the Fair Work Act 2009. The application was made before Commissioner Murphy.

The primary legal issue before the Commission was whether the agreement met the criteria set out in section 234 of the Fair Work Act for it to be approved as a protected action agreement. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions of employment, and if the agreement had been negotiated in good faith. The Commission also needed to consider if the agreement provided for a fair and efficient workplace, and whether it complied with any relevant national employment standards.

In making its determination, the Commission examined the provisions of the agreement and the process by which it was negotiated. The Commission found that the agreement contained all the required minimum terms and conditions of employment and that it had been negotiated in good faith. The Commission was satisfied that the agreement provided for a fair and efficient workplace and complied with the relevant national employment standards. Based on these findings, the Commission approved the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2024 as a protected action agreement. The decision was made in the interest of maintaining industrial harmony and providing certainty to the employees covered by the agreement.

Uniting Agewell Limited T/A Uniting Agewell

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established