Amaroo Care Services Inc

[2013] FWCA 717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Inc
(AG2012/13210)

AMAROO CARE SERVICES INC MAINTENANCE PERSONNEL ENTERPRISE AGREEMENT 2012

Aged care industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Amaroo Care Services Inc Maintenance Personnel Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Amaroo Care Services Inc Maintenance Personnel Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Ms K.A. Smith, an employee of Amaroo Care Services Inc, applied for the approval of the Maintenance Personnel Enterprise Agreement 2012. The application was made under section 234 of the Fair Work Act 2009, and it concerned whether the agreement met the legal standards for approval, including being suitable for a safety-critical workforce. The primary dispute revolved around the adequacy of the provisions concerning shift patterns and the potential impact on employee safety and wellbeing.

The legal issues before the Commission included whether the provisions of the agreement were suitable for a safety-critical workforce, whether the agreement provided adequate provisions for shift patterns, and whether the agreement complied with the requirements of the Fair Work Act. The Commission had to consider whether the agreement's provisions would ensure that employees could maintain the necessary levels of alertness and performance to safely undertake their duties. Additionally, the Commission had to determine if the agreement provided sufficient mechanisms to manage fatigue and other risks associated with shift work.

The Commission found that the agreement's provisions were generally suitable for a safety-critical workforce, and the employer had made a genuine effort to address safety concerns. However, the Commission identified some areas where the agreement could be improved, particularly concerning shift patterns. After hearing submissions from both parties, the Commission determined that while the agreement was not perfect, it was fair and appropriate for the circumstances. The Commission approved the agreement, subject to certain conditions that aimed to enhance employee safety and wellbeing, including additional provisions for shift patterns and rest breaks.

The final orders of the Commission included the approval of the Maintenance Personnel Enterprise Agreement 2012, subject to the conditions that the employer implement additional measures to manage shift patterns and ensure employee rest periods. The employer was also required to report on the implementation of these measures to the Commission within six months of the decision. This decision highlights the importance of considering the specific needs of a safety-critical workforce when drafting enterprise agreements and the need for employers to demonstrate a genuine commitment to employee safety and wellbeing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established