DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westmont Aged Care Services Ltd
(AG2018/3028)

WESTMONT AGED CARE SERVICES LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Westmont Aged Care Services Ltd, ANMF and HSU 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 Westmont Aged Care Services Ltd. 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Westmont Aged Care Services Ltd, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) sought approval of their 2018 Enterprise Agreement. The application was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The agreement, which was intended to cover the terms and conditions of employment for approximately 1,200 employees, was contested by the employer on several grounds, primarily concerning the fairness and reasonableness of the proposed conditions.

The primary legal issues before the Commission were whether the terms of the agreement were fair and reasonable, taking into account the relevant legislative criteria. The employer argued that certain provisions regarding wages, hours of work, and penalty rates were not in line with the Fair Work Act 2009. The unions contended that the provisions were fair and necessary to ensure the wellbeing of employees in the aged care sector. The Commission had to balance these competing interests and determine if the agreement met the legal standards for approval.

The Commission examined each contested provision in detail, considering relevant economic and social factors, as well as industry benchmarks. It found that while some terms did not align perfectly with the employer's expectations, the overall agreement provided fair and reasonable conditions for employees. The Commission emphasised the importance of supporting the aged care workforce, particularly given the critical nature of the services provided. After thorough deliberation, the Commission approved the agreement, recognising its necessity for maintaining fair workplace standards in the sector.

No specific orders were made beyond the approval of the Enterprise Agreement as presented. The decision reinforces the Commission's role in ensuring that employment agreements in sensitive industries like aged care are balanced and fair, providing adequate protections for employees while also considering the employer's capacity to operate effectively.

Westmont Aged Care Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established