[2014] FWCA 231 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Unity Care Services Pty Ltd; Australian Unity Retirement Living Management Pty Ltd T/A Australian Unity
(AG2013/12744)
THE AUSTRALIAN UNITY RETIREMENT LIVING VICTORIAN TRADITIONAL MODEL ENTERPRISE AGREEMENT 2013
Aged care industry | |
COMMISSIONER CRIBB | MELBOURNE, 9 JANUARY 2014 |
Application for approval of The Australian Unity Retirement Living Victorian Traditional Model Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the The Australian Unity Retirement Living Victorian Traditional Model 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 Australian Unity Care Services Pty Ltd; Australian Unity Retirement Living Management Pty Ltd T/A Australian Unity. The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 was approved in Chambers on 9 January 2014 and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 15 January 2018.
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- AGLC
- Australian Unity Care Services Pty Ltd; Australian Unity Retirement Living Management Pty Ltd T/A Australian Unity [2014] FWCA 231
- Case
- [2014] FWCA 231
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this case revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also had to ensure that the agreement complied with the minimum terms and conditions set out in the applicable awards and the Fair Work Act.
The Fair Work Commission approached the matter by first confirming the procedural fairness of the agreement's negotiation process. It examined if the employer had engaged in genuine bargaining with the relevant employee representatives. The Commission found that the employer had met the requirements of genuine bargaining. It then turned to the substantive provisions of the agreement, ensuring that they met the statutory obligations and did not unfairly disadvantage the employees. After thorough consideration, the Commission approved the enterprise agreement, finding it to be compliant with all necessary legal standards and in the best interests of the employees.
The Fair Work Commission's final orders confirmed the approval of The Australian Unity Retirement Living Victorian Traditional Model Enterprise Agreement 2013. This decision provided certainty to both the employer and the employees regarding the terms and conditions of employment under the new agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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