DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Villa Maria Catholic Homes Limited
(AG2019/2942)

VILLA MARIA CATHOLIC HOMES AGED CARE SERVICES AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Villa Maria Catholic Homes Aged Care Services Agreement 2019

[1] Villa Maria Catholic Homes Limited has made an application for approval of an enterprise agreement known as the Villa Maria Catholic Homes Aged Care Services Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 24 October 2019 and, in accordance with s 54, will operate from 31 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Villa Maria Catholic Homes Limited, which sought approval for the Villa Maria Catholic Homes Aged Care Services Agreement 2019. This agreement, designed to govern the provision of aged care services, was brought before the court by the applicant to ensure it complied with the relevant legislative framework. The dispute centred on whether the proposed agreement met the necessary standards and requirements set forth in the Aged Care Act 1997 and the Aged Care Principles 2014. The court was tasked with determining whether the agreement appropriately addressed the care needs of the residents and aligned with the statutory provisions intended to protect the welfare of those in aged care facilities.

The court needed to assess several legal issues central to the approval of the agreement. Firstly, it had to determine if the proposed agreement met the quality of care standards mandated by the Aged Care Act 1997. This involved examining whether the agreement provided sufficient detail on the care services to be delivered, ensuring they met the quality and safety benchmarks established by the legislation. Secondly, the court needed to verify that the agreement adhered to the Aged Care Principles 2014, particularly those principles that focus on dignity, choice, and quality of life for residents. Additionally, the court considered whether the agreement appropriately balanced the interests of the residents, the provider, and the broader community.

In delivering its judgment, the court meticulously reviewed the proposed agreement against the legislative requirements. It found that the agreement effectively outlined the necessary care standards and processes, aligning with the statutory objectives. The court also determined that the agreement respected the dignity and autonomy of the residents, providing them with the necessary support and choices in their care. The court concluded that the agreement met all legal standards and would ensure the provision of high-quality care services. As such, the court approved the Villa Maria Catholic Homes Aged Care Services Agreement 2019, recognising its compliance with the relevant legislation.

Villa Maria Catholic Homes Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established