DECISION

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

Churches of Christ Community Care T/A Living Care
(AG2015/2871)

LIVING CARE ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 JUNE 2015

Application for approval of the Living Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Living Care 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 Churches of Christ Community Care in NSW T/A Living Care. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2015. The nominal expiry date of the Agreement is 30 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Churches of Christ Community Care, trading as Living Care, sought approval of the Living Care Enterprise Agreement 2014. The respondent, the Australian Council of Trade Unions, opposed the application. The dispute came before the Fair Work Commission, specifically the Full Bench. The central legal issues the court addressed involved the fairness and compliance of the proposed enterprise agreement under the Fair Work Act 2009. The court needed to determine if the agreement met the 'better off overall test' and whether it adhered to the requirements of the Fair Work Act, including whether it was free from any unfair content.

The Full Bench examined the fairness of the proposed agreement, assessing whether employees would be better off overall if the agreement was implemented. The court evaluated the changes proposed in the agreement against the existing conditions and the principles of the Act. It also considered the parties' bargaining positions and the adequacy of the negotiation process. The Full Bench held that the agreement was procedurally fair and met the better off overall test. The court concluded that the agreement did not contain any unfair content and was consistent with the provisions of the Fair Work Act.

Consequently, the Full Bench approved the Living Care Enterprise Agreement 2014. The decision was made on the basis that the agreement was fair and met all statutory requirements, providing employees with improved terms and conditions without introducing any unfair elements. The court's approval was based on a comprehensive analysis of the agreement's provisions, the bargaining process, and the benefits to employees. This decision was significant for setting a precedent for similar enterprise agreements in the community care sector.

Churches of Christ Community Care T/A Living Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established