DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woorayl Lodge Inc.
(AG2018/6202)

WOORAYL LODGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2019

Application for approval of the Woorayl Lodge Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woorayl Lodge Inc., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woorayl Lodge Inc. 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] I note that Clauses 53.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Woorayl Lodge Inc., sought approval of the Woorayl Lodge Inc., ANMF and HSU Enterprise Agreement 2017. The applicant is a not-for-profit organisation that operates a residential aged care facility. The agreement was made between the applicant, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The respondents were the Fair Work Commission (FWC) and the Australian Government. The dispute involved whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. The applicant argued that the agreement was fair and reasonable and met all the requirements for approval. The respondents argued that the agreement did not meet the requirements for approval as it did not provide for appropriate safeguards for the interests of employees and did not meet the requirements for good faith bargaining. The court was required to consider whether the agreement was fair and reasonable and met all the requirements for approval.

The court found that the agreement met all the requirements for approval. The court considered the evidence and submissions from both parties and found that the agreement was fair and reasonable and provided appropriate safeguards for the interests of employees. The court found that the agreement met the requirements for good faith bargaining and that it was in the best interests of the employees. The court approved the agreement and dismissed the application. The court made an order approving the Woorayl Lodge Inc., ANMF and HSU Enterprise Agreement 2017.

Woorayl Lodge Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established