Aged Care Services Australia Group Pty Ltd Summary

[2013] FWCA 4437

FAIR WORK COMMISSION

DECISION

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

Aged Care Services Australia Group Pty Ltd
(AG2013/6850)

AGED CARE SERVICES AUSTRALIA GROUP & ANF SOUTH AUSTRALIAN BRANCH, NURSING EMPLOYEES ENTERPRISE AGREEMENT 2011

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Aged Care Services Australia Group & ANF South Australian Branch, Nursing Employees Enterprise Agreement 2011.

[1] An application has been made for approval of a single enterprise agreement known as the Aged Care Services Australia Group & ANF South Australian Branch, Nursing Employees Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aged Care Services Australia Group Pty Ltd.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 20 May 2013, and date of lodgement was 6 June 2013. The application was therefore 3 days out of time. At question 2.8 of Part 2 of the Form 17–Employer’s Declaration in Support of the Application for Approval of Enterprise Agreement, the Applicant gave sufficient reason as to why the Fair Work Commission should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] On the basis of the material before me, 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.

[4] The flexibility clause 9.1 in the Agreement refers to the model flexibility term in Schedule 2.2 of the Fair Work Regulations 2009. To comply with s.203 of the Act the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Australian Nursing 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 16 July 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aged Care Services Australia Group Pty Ltd sought approval of a proposed enterprise agreement with the Australian Nursing Federation (South Australian Branch). The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the formal requirements of the Fair Work Act 2009 and whether it provided for the proper registration of employees, fair remuneration, and reasonable terms and conditions of employment.

The Fair Work Commission assessed the agreement under the statutory criteria set out in the Fair Work Act. It considered whether the agreement complied with the formal requirements, such as being in writing, specifying the parties involved, and detailing the terms and conditions of employment. The Commission also evaluated if the agreement provided for fair and reasonable terms and conditions, ensuring it did not undermine the broader public interest or contravene minimum standards set by the Fair Work Act. The Commission found that the agreement met all the necessary criteria and approved it for registration.

The Fair Work Commission concluded that the proposed enterprise agreement was compliant with the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement for registration, ensuring that it would provide a fair framework for the employment of nursing employees under the terms specified. The decision was made in accordance with the provisions of the Fair Work Act, and the agreement was registered accordingly.

Aged Care Services Australia Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established