Aegis Aged Care Group Summary

[2013] FWCA 8690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aegis Aged Care Group
(AG2013/11076)

AEGIS EMPLOYEES' UNION COLLECTIVE AGREEMENT 2013

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 5 NOVEMBER 2013

Application for approval of the Aegis Employees' Union Collective Agreement 2013.

[1] On 27 October 2013, Aegis Aged Care Staff Pty Ltd (Applicant) made application for approval of a single enterprise agreement to be known as the Aegis Employees' Union Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 14 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Australian Nursing Federation (ANF), Health Services Union (HSU) and United Voice have declared that the ANF, HSU and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF, HSU and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF, HSU and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 November 2013.

[8] The nominal expiry date of this Agreement is 27 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aegis Aged Care Group sought approval of the Aegis Employees' Union Collective Agreement 2013. The application was heard by the Fair Work Commission, which was required to determine whether the agreement complied with relevant legislative provisions and whether it was in the interests of the employees and the employer. The legal issues that the Commission needed to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable.

The Commission considered the provisions of the Fair Work Act 2009 and the evidence presented by both parties. It was noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the interests of both the employees and the employer. The Commission also found that the agreement met the legislative requirements, including the provisions relating to employee representation and dispute resolution. After considering the evidence and submissions, the Commission concluded that the agreement was fair and reasonable and should be approved.

Accordingly, the Fair Work Commission approved the Aegis Employees' Union Collective Agreement 2013. The agreement was deemed to be in compliance with the Fair Work Act 2009 and was considered to be fair and reasonable for the employees and the employer. The Commission's decision was based on its assessment of the evidence and submissions presented by both parties, as well as its understanding of the relevant legal requirements. The approval of the agreement allows it to be registered with the Australian Industrial Relations Commission and become legally binding on the parties involved.

Aegis Aged Care Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established