DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Care Connect Limited
(AG2014/10770)

CARE CONNECT LIMITED COLLECTIVE EMPLOYEE AGREEMENT 2013

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Care Connect Limited Collective Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Care Connect Limited Collective Employee 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 Care Connect Limited. The agreement is a single-enterprise agreement.

[2] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Care Connect Limited, the Fair Work Commission was presented with an application for the approval of the Care Connect Limited Collective Employee Agreement 2013. The application was made by Care Connect Limited, an employer operating in the aged care sector, seeking to have the agreement registered as a protected action (certified) agreement under the Fair Work Act 2009. The agreement sought to cover a number of employees within the organisation.

The central legal issues before the Commission were whether the agreement contained the mandated minimum terms and conditions, whether it had been negotiated in good faith, and whether it met the criteria for approval under the Act. Specifically, the Commission had to examine whether the agreement provided for fair remuneration, reasonable working hours, and adequate leave provisions. Additionally, the Commission had to determine if the agreement was genuinely negotiated between the employer and the employees' representatives and if it adhered to the procedural fairness requirements.

In delivering its decision, the Commission assessed the agreement against the statutory requirements set forth in the Fair Work Act. It found that the agreement contained all the mandated minimum terms and conditions and was consistent with the provisions of the Act. The Commission also concluded that the agreement was the result of genuine negotiations between Care Connect Limited and the employees' representatives. The employer had demonstrated a commitment to engaging in meaningful dialogue and reaching a consensus on the terms of the agreement. Consequently, the Commission approved the application and registered the agreement as a protected action agreement.

As a result of the Commission's approval, the Care Connect Limited Collective Employee Agreement 2013 was registered as a protected action agreement, providing legal certainty and protection for the employees covered by the agreement. This decision underscores the importance of ensuring that collective agreements meet the statutory requirements and are genuinely negotiated to foster fair and productive industrial relations within the workplace.

Care Connect Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established