Aged & Community Services Association of NSW & ACT Incorporated

[2013] FWCA 71

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged & Community Services Association of NSW & ACT Incorporated
(AG2012/14216)

THE ROYAL FREEMASONS’ BENEVOLENT INSTITUTION, ANF AND UNITED VOICE, ACT ENTERPRISE AGREEMENT 2012 - 2014

Aged care industry
COMMISSIONER DEEGAN	CANBERRA, 7 JANUARY 2013

Application for approval of The Royal Freemasons’ Benevolent Institution, ANF and United Voice, ACT Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as The Royal Freemasons’ Benevolent Institution, ANF and United Voice, ACT Enterprise Agreement 2012-2014. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aged & Community Services Association of NSW & ACT Incorporated. The agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing Federation and United Voice, 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Aged & Community Services Association of NSW & ACT Incorporated brought an application for the approval of the Royal Freemasons’ Benevolent Institution, ANF and United Voice, ACT Enterprise Agreement 2012-2014. The application was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The dispute centred around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement provided for minimum rates of pay, terms and conditions, and included provisions for the protection of employees.

The primary legal issue the court had to decide was whether the enterprise agreement fulfilled the statutory criteria for approval as set out in the Fair Work Act 2009. This involved examining if the agreement provided for minimum rates of pay and conditions, and whether it adequately protected the rights and interests of employees. Additionally, the court needed to ensure the agreement was made in good faith and did not have the effect of undermining the operation of the safety net of minimum terms and conditions provided by the Act.

The Fair Work Commission determined that the enterprise agreement satisfied the statutory requirements for approval. The agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable award or safety net minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and did not undermine the operation of the safety net. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The Fair Work Commission ordered the approval of the Royal Freemasons’ Benevolent Institution, ANF and United Voice, ACT Enterprise Agreement 2012-2014, effective from the date of the decision. This approval meant the agreement could be used to govern the employment terms and conditions of the parties involved, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established