BOWEN OLD PEOPLE’S HOMES SOCIETY INC. Summary

[2013] FWCA 6824

FAIR WORK COMMISSION

DECISION

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

BOWEN OLD PEOPLE’S HOMES SOCIETY INC.
(AG2013/2752)

BOWEN OLD PEOPLE'S HOMES SOCIETY ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 11 SEPTEMBER 2013

Application for approval of the Bowen Old People's Homes Society Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bowen Old People's Homes Society 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 Bowen Old People’s Homes Society Inc who was represented by Miles Witt Partnership. 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 Workers Union of Employees, Queensland , the Australian Nursing and Midwifery Federation, and the Queensland Nurses’ Union of Employees, 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 these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 September 2013. The nominal expiry date of the agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Bowen Old People’s Homes Society Inc. sought approval for the Bowen Old People’s Homes Society Enterprise Agreement 2013. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including that it provided for a safety net of minimum wages and conditions, and did not allow for unfair dismissals.

The Commission needed to determine if the agreement provided adequate minimum wages and conditions, and if it contained any unfair terms that would render it non-compliant. The Commission also had to consider whether the agreement allowed for unfair dismissals, and if the process for resolving disputes was fair and effective. Additionally, the Commission had to assess if the agreement met the good faith bargaining requirement and if the proper consultation processes had been followed.

The Fair Work Commission found that the agreement met all the necessary legal requirements. It provided for a safety net of minimum wages and conditions and contained no terms that were considered unfair. The agreement also did not allow for unfair dismissals, and the dispute resolution process was deemed fair and effective. The Commission concluded that the agreement was made in good faith and that the proper consultation processes had been followed. Therefore, the application for approval was successful.

The Commission approved the Bowen Old People’s Homes Society Enterprise Agreement 2013, subject to the parties adhering to the terms and conditions set out in the agreement. The approval ensures that the employees covered by the agreement are provided with a fair and reasonable safety net of minimum wages and conditions, and that any disputes are resolved through a fair and effective process.

BOWEN OLD PEOPLE’S HOMES SOCIETY INC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established