Catholic Diocese of Port Pirie Inc St Joseph's House T/A St Joseph's House

[2013] FWCA 6738

FAIR WORK COMMISSION

DECISION

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

Catholic Diocese of Port Pirie Inc St Joseph's House T/A St Joseph's House
(AG2013/8861)

ST JOSEPH'S HOUSE NURSING EMPLOYEES (AGED CARE) & ANF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 SEPTEMBER 2013

Application for approval of the St Joseph's House Nursing Employees (Aged Care) & ANF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Joseph's House Nursing Employees (Aged Care) & ANF Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Catholic Diocese of Port Pirie Inc St Joseph's House T/A St Joseph's House. 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] The Australian Nursing & 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) 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 16 September 2013. The nominal expiry date of the Agreement is 1 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Catholic Diocese of Port Pirie Incorporated, trading as St Joseph’s House, and its application for the approval of the St Joseph’s House Nursing Employees (Aged Care) & ANF Enterprise Agreement 2013. The dispute arose in the Fair Work Commission, where the applicant sought to have the agreement registered. The agreement in question pertains to the terms and conditions of employment for nursing staff at the aged care facility operated by the respondent.

The primary legal issues before the court involved whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the protection of employees' rights. The court also considered whether the agreement met the necessary criteria for approval under the Fair Work Act, particularly whether it provided for fair and reasonable terms for the employees involved.

The Commission found that the enterprise agreement was made in good faith and contained terms that were fair and reasonable. The applicant had provided comprehensive evidence of the bargaining process, which satisfied the court of the genuine effort to reach an agreement. The agreement included provisions for the classification of employees, their wages, and other employment conditions, which were deemed to be equitable and within the bounds of the law. The Commission concluded that the agreement did not disadvantage the employees and met the statutory requirements for approval.

The Commission approved the enterprise agreement and ordered its registration. The decision was based on the evidence presented, which demonstrated that the agreement was made in good faith and contained fair and reasonable terms for the employees. The approval of the agreement ensures that the terms of employment for the nursing staff at St Joseph’s House are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established