Boandik Lodge Inc

[2013] FWCA 6322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boandik Lodge Inc
(AG2013/2492)

BOANDIK LODGE INC. AGED CARE EMPLOYEES AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 29 AUGUST 2013

Application for approval of the Boandik Lodge Inc. Aged Care Employees and United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boandik Lodge Inc. Aged Care Employees and United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boandik Lodge Inc. 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] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2013. The nominal expiry date of the Agreement is 30 November 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boandik Lodge Inc, an aged care facility, sought approval for the Boandik Lodge Inc. Aged Care Employees and United Voice Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 for approval.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it met the procedural requirements for approval. This included assessing the agreement against the Fair Work Act's objectives and principles, particularly the requirement for the agreement to promote harmonious, productive and equitable workplace relations.

The Fair Work Commission found that the agreement contained terms and conditions that were fair and reasonable for the employees. The Commission noted the agreement's provisions for minimum rates of pay, leave entitlements, and other benefits, which aligned with industry standards. The Commission also found that the agreement had been negotiated in good faith and that the necessary procedural requirements for approval had been met, including proper consultation and notification processes. Based on these findings, the Commission approved the agreement.

The Commission's decision was that the Boandik Lodge Inc. Aged Care Employees and United Voice Enterprise Agreement 2013 was approved, effective from the date of the decision. The Commission made an order that the agreement be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established