| [2023] FWCA 880 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Wentworth Healthcare Ltd
(AG2023/519)
WENTWORTH HEALTHCARE LTD ENTERPRISE AGREEMENT 2022
| Health and welfare services | |
| COMMISSIONER P RYAN | SYDNEY, 23 MARCH 2023 |
Application for approval of the Wentworth Healthcare Ltd Enterprise Agreement 2022
Wentworth Healthcare Ltd (Employer) has made an application for approval of an enterprise agreement known as the Wentworth Healthcare Ltd Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 March 2023. The nominal expiry date of the Agreement is 23 March 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519557 PR760542>
- AGLC
- Wentworth Healthcare Ltd [2023] FWCA 880
- Case
- [2023] FWCA 880
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission was required to determine whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court had to consider whether the agreement met the prerequisites for approval, including that it did not adversely affect the employees' terms and conditions of employment, that it was not contrary to public policy, and that it was made in good faith. Additionally, the court examined whether the agreement had been genuinely negotiated and if it contained appropriate dispute resolution mechanisms.
In reaching its decision, the Fair Work Commission carefully reviewed the proposed agreement and the evidence presented by the applicants. The Commission found that the agreement contained terms and conditions that were not less favourable than those provided under the applicable awards or safety nets, and that it did not contravene any public policy considerations. Furthermore, the Commission determined that the agreement had been genuinely negotiated and included adequate dispute resolution processes. Consequently, the Commission approved the Wentworth Healthcare Ltd Enterprise Agreement 2022, finding it to be compliant with the necessary legal standards.
The Fair Work Commission approved the Wentworth Healthcare Ltd Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement. The Commission's approval was based on the finding that the agreement met the statutory requirements and provided a fair and reasonable framework for the employment relationship between Wentworth Healthcare Ltd and its employees.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.