Uniting AgeWell Limited T/A Uniting AgeWell

[2022] FWCA 1711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Uniting AgeWell Limited T/A Uniting AgeWell

(AG2022/1374)

Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 MAY 2022

Application for approval of the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Uniting AgeWell Victoria ANMF, HWU and ASU 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 Uniting AgeWell Limited T/A Uniting AgeWell (Employer). 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, the Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union of Australia, 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 1 June 2022. The nominal expiry date of the Agreement is 1 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting AgeWell Limited T/A Uniting AgeWell (Applicant) sought approval of the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2021. The dispute was heard in the Fair Work Commission (Commission). The Applicant and the Australian Nursing and Midwifery Federation, Health Workers Union, and the Australian Services Union (Unions) had reached an agreement and sought the Commission’s approval of it. The Unions and the Applicant argued that the agreement complied with the relevant statutory provisions.

The Unions argued that the application should be approved as the agreement was fairly negotiated and complied with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). The Applicant argued that the agreement was fairly negotiated and met all the relevant statutory requirements. The Commission considered the relevant provisions of the Fair Work Act and Fair Work Regulations, and the process of negotiation and agreement. The Commission found that the application should be approved as the agreement was fairly negotiated and complied with the relevant statutory provisions.

The Commission found that the agreement met all the requirements for approval, including that it was fairly negotiated, in writing, and contained the necessary details. The Commission approved the Uniting AgeWell Victoria ANMF, HWU and ASU Enterprise Agreement 2021. The Commission ordered that the agreement be registered by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established