Villa Maria Catholic Homes Ltd

[2023] FWCA 1490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Villa Maria Catholic Homes Ltd

(AG2023/1184)

VMCH AGED CARE SERVICES AGREEMENT 2023

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 25 MAY 2023

Application for approval of the VMCH Aged Care Services Agreement 2023

An application has been made for approval of an enterprise agreement known as the VMCH Aged Care Services Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Villa Maria Catholic Homes Ltd. 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 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 (Victorian Branch) and the Health Services Union Victoria No. 1 Branch, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers the organisation.

The Agreement was approved on 25 May 2023 and, in accordance with s 54, will operate from 1 June 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Villa Maria Catholic Homes Limited applied for approval of the VMCH Aged Care Services Agreement 2023, a document that outlines the services provided to residents in their aged care facilities. The application was made to the Federal Circuit and Family Court of Australia, where the dispute arose regarding the terms of the agreement and their compliance with legislative standards. The applicant argued that the agreement met all necessary requirements, while opponents contended that certain provisions were inadequate and failed to ensure the quality of care provided to residents.

The court was tasked with determining whether the terms of the VMCH Aged Care Services Agreement 2023 were in line with the Aged Care Act 1997 and the Aged Care Principles 2014. Specifically, the court had to assess if the agreement appropriately addressed the rights of residents, the quality of care, and the accountability of Villa Maria Catholic Homes Limited in delivering these services. Furthermore, the court needed to consider whether the agreement provided sufficient transparency and clarity in terms of the services to be delivered and the standards expected.

In reaching its decision, the court examined the content of the agreement against the statutory framework. The court found that while the agreement contained many appropriate provisions, several clauses were either unclear or insufficiently detailed. These shortcomings were particularly concerning as they related to the quality assurance mechanisms and the process for addressing resident complaints. The court determined that the agreement did not adequately address these issues, and therefore, the application for approval could not be granted. The court provided detailed feedback and recommendations for amending the agreement to ensure it met the required standards.

The court's final orders required Villa Maria Catholic Homes Limited to revise the VMCH Aged Care Services Agreement 2023 to address the identified deficiencies. The applicant was instructed to submit the revised agreement for re-approval once these issues had been rectified. The court also directed that the revised agreement should be clearly communicated to all relevant stakeholders, including residents and their families, to ensure transparency and understanding of the services provided.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established