DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Homes Incorporated
(AG2015/4956)

CATHOLIC HOMES INCORPORATED ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 SEPTEMBER 2015

Application for approval of the Catholic Homes Incorporated Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Homes Incorporated. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Catholic Homes Incorporated. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation and United Voice 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Catholic Homes Incorporated applied to the Fair Work Commission for approval of its Enterprise Agreement 2014. The Australian Council of Trade Unions (ACTU) opposed the application, arguing that the agreement did not comply with various provisions of the Fair Work Act 2009. The central issues for the Commission to decide were whether the agreement met the requirements of the Act, including whether it provided for a fair and reasonable system of classification and rate of pay for employees, and whether it contained appropriate mechanisms for resolving disputes.

The Commission began by examining whether the agreement was genuinely negotiated and whether it complied with the requirements for approval. It found that the agreement was negotiated in good faith and met the criteria for genuine negotiation. The Commission then turned to the specific provisions of the Act that the ACTU argued were not met. It examined the classification and pay provisions, finding that they were fair and reasonable, and it found that the dispute resolution mechanisms were appropriate. After considering all the evidence and arguments, the Commission determined that the agreement complied with the Act and approved it.

The approval of the agreement was subject to certain conditions, including that Catholic Homes Incorporated must provide the Fair Work Commission with annual reports on the operation of the agreement for the first five years. The approval of the agreement allows Catholic Homes Incorporated to implement its terms and ensures that its employees are covered by a legally approved enterprise agreement.

Catholic Homes Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established