UnitingSA Ltd

[2024] FWCA 1210

The attached document replaces the document previously issued with the above code on 4 April 2024.

Revised agreement title and swapped ordering of [4] and [5].

Associate to Deputy President Millhouse.

5 April 2024

[2024] FWCA 1210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UnitingSA Ltd

(AG2024/714)

UNITINGSA - NURSING EMPLOYEES - ANMF (AGED CARE) ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 APRIL 2024

Application for approval of the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by UnitingSA Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Nursing and Midwifery Federation South Australian Branch (ANMF), being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 11 April 2024. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UnitingSA Ltd applied for approval of the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2023. The application was heard by the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which covered nursing employees working in aged care facilities across South Australia. The applicant argued that the agreement should be approved as it met the statutory requirements and provided a fair and reasonable outcome for both employees and the employer. The respondent, on the other hand, raised concerns about certain provisions in the agreement, arguing that they did not comply with the relevant legislation and would adversely affect the employees' working conditions.

The Fair Work Commission was required to determine whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. This involved assessing the agreement's provisions against statutory criteria, including whether it provided for fair and reasonable terms and conditions, and whether it met the requirements for good faith bargaining. The Commission also needed to consider any submissions made by the parties and any relevant evidence presented.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement had been negotiated in good faith and that it met the requirements for approval under the Fair Work Act 2009. After considering all the submissions and evidence, the Commission approved the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2023, effective from the date of the decision.

The final orders of the Fair Work Commission included the approval of the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2023, with certain minor amendments to address the concerns raised by the respondent. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would apply to all nursing employees working in aged care facilities across South Australia. The decision was binding on both parties and provided certainty and stability for the employees and the employer going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established