DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Care Staffing Solutions Pty Ltd
(AG2017/1647)

CARE STAFFING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 6 JUNE 2017

Application for approval of the Care Staffing Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Care Staffing Solutions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Care Staffing Solutions Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation 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.

[4] The Agreement was approved on 6 June 2017 and, in accordance with s.54, will operate from 13 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Care Staffing Solutions Pty Ltd for the approval of the Care Staffing Solutions Pty Ltd Enterprise Agreement 2016. The primary dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The company sought to have the agreement approved to govern the terms and conditions of employment for its workforce.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it complied with the mandatory provisions of the Fair Work Act, and whether it contained provisions that were contrary to the public interest. The applicant argued that the agreement was a fair and reasonable outcome of negotiations between the parties, while the respondent contended that certain provisions were overly restrictive and not in the best interests of the employees.

In its decision, the Commission found that the agreement had been made in good faith and contained provisions that were fair and reasonable. The Commission noted that the agreement included provisions for minimum wages, penalties for breaches, and dispute resolution mechanisms, which aligned with the requirements of the Fair Work Act. The Commission also determined that the provisions of the agreement did not contravene the public interest and were not overly restrictive. As a result, the Commission approved the Care Staffing Solutions Pty Ltd Enterprise Agreement 2016.

Consequently, the Commission issued an order approving the enterprise agreement. The order mandated that the agreement would come into effect from the date of the decision and would govern the employment terms and conditions of the workforce of Care Staffing Solutions Pty Ltd. The approval of the agreement facilitated a clear framework for the relationship between the employer and employees, ensuring compliance with the Fair Work Act.

Care Staffing Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established