Carinya Home for the Aged

[2014] FWCA 6982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carinya Home for the Aged
(AG2014/7449)

CARINYA HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2014.

[1] On 9 September 2014 Carinya Home for the Aged (Applicant) made an application for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 October 2014. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2014 was heard by the Fair Work Commission. The applicants, Carinya Home for the Aged, sought approval of the enterprise agreement, which detailed the terms and conditions of employment for the support staff. The application was contested by the Australian Council of Trade Unions, who argued that the proposed agreement did not adequately address several aspects of employee conditions.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms, including minimum rates of pay and conditions, and whether it was free from any prohibited content. The Commission also needed to determine whether the agreement had been genuinely negotiated between the parties and whether it complied with the procedural requirements for enterprise agreements.

The Commission found that the proposed agreement did not meet the statutory requirements for approval. It was noted that the agreement did not provide for minimum rates of pay for support staff, which was a significant concern given the vulnerable nature of the workforce. Additionally, the agreement contained provisions that were not genuinely negotiated, and there was insufficient evidence to demonstrate that the agreement had been properly communicated to the employees. As a result, the Commission refused to approve the proposed agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval, particularly in relation to vulnerable workers. The Commission's refusal to approve the agreement sends a clear message to employers that they must ensure that any proposed agreements are fair, reasonable, and genuinely negotiated. The decision also underscores the importance of complying with the procedural requirements for enterprise agreements to ensure that employees are properly informed and consulted about the terms of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established