Westmont Aged Care Services Ltd Summary

[2023] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westmont Aged Care Services Ltd

(AG2023/1518)

WESTMONT AGED CARE SERVICES LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2022-2024

Aged care industry
DEPUTY PRESIDENT BELL	MELBOURNE, 2 JUNE 2023

Application for approval of the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024.

An application has been made for approval of an enterprise agreement known as the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Westmont Aged Care Services Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A). I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation (ANMF) and 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.

The Agreement was approved on 2 June 2023 and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westmont Aged Care Services Ltd applied to the Fair Work Commission for the approval of the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024. The dispute involved the proposed terms of employment for staff under the enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections relating to minimum entitlements, dispute resolution and the overall fairness of the agreement. This included an assessment of whether the agreement provided for terms and conditions that were not less favourable than the relevant award or safety net award and whether it was free from prohibited content.

The Commission found that the proposed agreement was compliant with the Fair Work Act. The agreement provided for terms and conditions that met or exceeded the safety net award, with provisions for fair and reasonable pay, conditions and dispute resolution mechanisms. The agreement was deemed to be not less favourable than the relevant award and did not contain any prohibited content. The Commission concluded that the agreement was in the interests of the employees and approved the application for registration.

As a result of the Commission's approval, the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024 was registered. This decision ensures that the employees of Westmont Aged Care Services Ltd will be covered by the terms and conditions of the enterprise agreement, providing them with a fair and reasonable set of employment terms.

Westmont Aged Care Services Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established