DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wentworth Healthcare Ltd
(AG2018/5564)

WENTWORTH HEALTHCARE LTD ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JANUARY 2019

Application for approval of the Wentworth Healthcare Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wentworth Healthcare Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wentworth Healthcare Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 19.4, 19.5, 20 and 33 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.

[4] The Health Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 January 2019 and, in accordance with s.54, will operate from 30 January 2019. The nominal expiry date of the Agreement is 23 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wentworth Healthcare Ltd, an employer in the aged care sector, applied to the Fair Work Commission for approval of the Wentworth Healthcare Ltd Enterprise Agreement 2018. The application was contested by the Health Services Union of Australia, an employee representative. The dispute primarily centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to minimum wages, penalty rates, and other employment conditions.

The central legal issues before the court were whether the agreement met the "better off overall test" and whether it contained terms that were not reasonably required for the purposes of the agreement. The court also needed to assess if the agreement complied with relevant awards and the National Employment Standards. Given the nature of the agreement, scrutiny was placed on the fairness and reasonableness of the proposed terms, particularly in light of the specific conditions within the aged care industry.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it met the better off overall test. The Commission determined that the agreement provided employees with improved terms and conditions compared to the applicable awards and standards. The court held that the agreement was reasonably required for the purposes of the agreement and did not contain any terms that were unfair or unreasonable. Consequently, the application for approval was granted, and the Wentworth Healthcare Ltd Enterprise Agreement 2018 was approved.

Wentworth Healthcare Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established