DECISION

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

Christadelphian Care Services (SA) Inc T/A Bethsalem Care
(AG2015/871)

BETHSALEM CARE AGED CARE EMPLOYEES & UNITED VOICE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 28 APRIL 2015

Application for approval of the Bethsalem Care Aged Care Employees & United Voice Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bethsalem Care Aged Care Employees & United Voice Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Christadelphian Care Services (SA) Inc T/A Bethsalem Care. 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] United Voice, 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 5 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bethsalem Care Aged Care Employees, represented by the union United Voice, sought approval of a new enterprise agreement from the Fair Work Commission. The respondents to the application included Christadelphian Care Services (SA) Inc, trading as Bethsalem Care. The dispute centred on the terms and conditions of employment for the aged care employees under the proposed United Voice Enterprise Agreement 2014.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. This involved assessing the fairness and appropriateness of the proposed terms and conditions, including matters such as remuneration, hours of work, and other employment conditions. The Commission also needed to consider whether the agreement provided for appropriate mechanisms to resolve disputes and ensure compliance with workplace laws.

The Fair Work Commission found that the proposed United Voice Enterprise Agreement 2014 was fair and appropriate. The Commission determined that the agreement was in the best interests of the employees, taking into account the specific circumstances of the aged care sector and the needs of the employees. The agreement was deemed to provide for adequate mechanisms to resolve disputes and ensure compliance with workplace laws. Consequently, the Commission approved the application for the agreement to be registered, ensuring that it would be legally binding on the parties involved.

No additional orders were made by the Commission beyond the approval of the enterprise agreement. The decision confirmed that the United Voice Enterprise Agreement 2014 would govern the terms and conditions of employment for the aged care employees at Bethsalem Care, effective from the date of registration.

Christadelphian Care Services (SA) Inc T/A Bethsalem Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established