DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Warrina Innisfail
(AG2020/1754)

WARRINA INNISFAIL AND ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT LAKE	BRISBANE, 26 AUGUST 2020

Application for approval of the Warrina Innisfail and Administration Staff Enterprise Agreement 2019 - approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the the Warrina Innisfail and Administration Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrina Innisfail (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 29.5(b) – Notice to Employer.

However, noting Clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warrina Innisfail was an application brought before the Fair Work Commission for the approval of the Warrina Innisfail and Administration Staff Enterprise Agreement 2019. The applicant, Warrina Innisfail, sought approval of the agreement that had been negotiated between themselves and their employees. The dispute arose from the negotiation and finalisation of a new enterprise agreement that was to govern the employment conditions of the employees within the organisation. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, specifically in terms of procedural fairness, the rights of employees to be involved in the negotiation process, and the overall fairness of the agreement’s terms and conditions. The Commission also considered whether the agreement provided for adequate protections and entitlements for employees, including minimum wage rates, leave provisions, and other conditions of employment. Furthermore, the Commission needed to assess whether the agreement had been genuinely negotiated and if it met the necessary thresholds for approval.

The Commission, after thorough examination, found that while the agreement generally met the legislative requirements, there were areas that required modification to ensure full compliance and fairness. The Commission approved the agreement with specific undertakings to address the identified issues, ensuring that all procedural fairness requirements were met, and the rights and protections of the employees were adequately provided for. The Commission also required that any changes to the agreement be communicated to the employees and that there be an opportunity for them to provide feedback on the modifications. The approval was thus contingent upon the applicant addressing these issues within a specified timeframe.

In its final orders, the Commission approved the Warrina Innisfail and Administration Staff Enterprise Agreement 2019, subject to the applicant making the necessary amendments and undertakings to rectify the identified procedural and substantive issues. The applicant was required to provide evidence of compliance with the Commission's conditions within the stipulated timeframe to ensure the agreement was fully compliant with the Fair Work Act and Regulations.

Warrina Innisfail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established