Ashley House Pty Ltd Summary

[2013] FWCA 5646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashley House Pty Ltd
(AG2013/7394)

ASHLEY HOUSE PTY LTD ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 AUGUST 2013

Application for approval of the Ashley House Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ashley House Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashley House Pty Ltd. 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 20 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Ashley House Pty Ltd, the employer, sought approval of an enterprise agreement with their employees. The Fair Work Commission was the tribunal tasked with deciding on the application. The central issue before the tribunal was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The tribunal considered whether the agreement was made in good faith, whether it provided for a proper process for resolving disputes, and whether it included provisions that were necessary for the protection of the employees' rights. The tribunal also examined whether the agreement contained any terms that were contrary to public policy or contrary to the objects of the Act. After carefully reviewing the evidence and submissions, the tribunal found that the enterprise agreement was made in good faith, provided for a proper dispute resolution process, and contained necessary protections for the employees' rights. The tribunal also found that the agreement did not contain any terms that were contrary to public policy or the objects of the Act.

In light of the above findings, the tribunal approved the enterprise agreement. The approval was subject to certain conditions, which the tribunal considered necessary to ensure that the agreement continued to meet the requirements of the Act. The tribunal's decision provides clarity for both employers and employees in relation to the terms and conditions of employment under the agreement.

Ashley House Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established