DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting NSW.ACT T/A Uniting
(AG2018/808)

UNITING AGED CARE ENTERPRISE AGREEMENT (ACT) 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2018

Application for approval of the Uniting Aged Care Enterprise Agreement (ACT) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Aged Care Enterprise Agreement (ACT) 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting NSW.ACT T/A Uniting. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Health Services Union of Australia, and Australian Nursing and Midwifery Federation 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Uniting NSW.ACT T/A Uniting as the applicant and the Australian Industrial Relations Commission as the respondent. The applicant sought approval of the Uniting Aged Care Enterprise Agreement (ACT) 2017, which was intended to govern the employment terms and conditions of its employees in the aged care sector within the Australian Capital Territory. The dispute arose due to the need for formal endorsement by the Commission to ensure the agreement's compliance with the Fair Work Act 2009.

The primary legal issue before the Court was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act. This involved examining if the agreement provided for a fair and efficient workplace, if it had been negotiated in good faith, and if it contained all the necessary provisions as stipulated by the legislation. Additionally, the Court had to assess if the agreement complied with the relevant minimum standards set out in the Act.

In reaching its decision, the Court meticulously reviewed the provisions of the proposed agreement. The Court considered the negotiation process and whether it had been conducted in good faith, as well as the fairness of the terms and conditions proposed. The Court also evaluated if the agreement provided for an efficient workplace, including provisions related to hours of work, classification, and remuneration. Ultimately, the Court found that the agreement met all the statutory requirements and was in compliance with the Fair Work Act. The Court approved the Uniting Aged Care Enterprise Agreement (ACT) 2017, thereby allowing it to come into effect as intended.

The final orders of the Court approved the Uniting Aged Care Enterprise Agreement (ACT) 2017, effective from the date of the decision. This approval validated the terms and conditions of employment set out in the agreement, ensuring they would be legally binding for the employees and the employer within the specified jurisdiction.

Uniting NSW.ACT T/A Uniting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established