Assisi Centre Inc Summary

[2014] FWCA 7728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assisi Centre Inc
(AG2014/9142)

ASSISI CENTRE AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Assisi Centre Aged Care Enterprise Agreement 2014.

[1] On 25 September 2014 Assisi Centre Inc (Applicant) made an application for approval of the Assisi Centre Aged Care Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Australian Nursing and Midwifery Federation and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 November 2014. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Assisi Centre Inc, an employer, sought approval of the Assisi Centre Aged Care Enterprise Agreement 2014. The applicant argued that the agreement should be certified as the appropriate workplace instrument for its employees. The employer contended that the agreement was fair and reasonable and that it would contribute to the economic sustainability of the organisation. The Fair Work Commission was the court before which the matter was heard.

The legal issues the Commission was required to decide included whether the agreement was a "good faith" instrument, whether it was "fair and reasonable", and whether it was in the best interests of the employees. The Commission had to consider the terms of the agreement, the evidence provided by the parties, and any relevant legal principles and precedents. The central issue was whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Commission found that the agreement was a good faith instrument and was fair and reasonable. It considered the evidence provided by the employer and the employees, as well as the terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the agreement would contribute to the economic sustainability of the organisation. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission ordered that the Assisi Centre Aged Care Enterprise Agreement 2014 be approved and registered as the appropriate workplace instrument for the employees of the Assisi Centre Inc. The employer was required to implement the agreement in accordance with its terms, and the employees were entitled to the benefits provided for in the agreement. The Commission's decision was binding on both the employer and the employees.

Assisi Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established