Wirraminna Care Incorporated

[2022] FWCA 2298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wirraminna Care Incorporated

(AG2022/2130)

Wirraminna Care Aged Care Employees Enterprise Agreement 2022

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 11 JULY 2022

Application for approval of the Wirraminna Care Aged Care Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wirraminna Care Aged Care Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wirraminna Care Incorporated (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Wirraminna Care Incorporated, the Fair Work Commission was asked to approve an enterprise agreement, the Wirraminna Care Aged Care Employees Enterprise Agreement 2022. The dispute involved the proposed terms and conditions of employment for the employees of Wirraminna Care Incorporated, an aged care provider. The commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The employees of Wirraminna Care Incorporated, represented by the Health Services Union, sought to have the proposed agreement approved, while Wirraminna Care Incorporated argued that certain provisions of the agreement were not in line with the requirements of the act.

The primary legal issues before the commission were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it had been negotiated in good faith, and whether it met the other statutory requirements for approval. Specifically, the commission needed to determine if the proposed agreement complied with the "better off overall test," which requires that employees be no worse off financially than under their previous agreement or applicable awards. Additionally, the commission had to consider if the agreement included provisions that were necessary for the efficient operation of the business and if it adhered to the principles of enterprise bargaining set out in the act.

After thorough consideration of the submissions from both parties, the Fair Work Commission found that the Wirraminna Care Aged Care Employees Enterprise Agreement 2022 met the statutory criteria for approval. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, had been negotiated in good faith, and included provisions that were necessary for the efficient operation of Wirraminna Care Incorporated. The commission also determined that employees would be no worse off financially under the new agreement and that it adhered to the principles of enterprise bargaining. Consequently, the commission approved the agreement, ensuring that the employees of Wirraminna Care Incorporated would benefit from the new terms and conditions outlined in the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established