DECISION

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

Clayton Church Homes Inc
(AG2015/6730)

CLAYTON CHURCH HOMES AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 3 DECEMBER 2015

Application for approval of the Clayton Church Homes Aged Care Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Clayton Church Homes Aged Care Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Clayton Church Homes Inc. 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 and Midwifery Federation and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 20 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clayton Church Homes Inc is a non-profit aged care provider in Victoria. In this matter, the Fair Work Commission was asked to approve an enterprise agreement between the company and its employees. The agreement, dated 2015, contained provisions concerning pay rates, leave entitlements, and other employment conditions. The dispute arose when the company sought to implement the agreement, but some employees objected, arguing it did not meet the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement complied with the necessary legislative framework and whether it was fair and reasonable in all its terms. The Commission needed to ensure that the agreement contained all the prescribed minimum terms and conditions, and that it had been negotiated in good faith. The employees argued that the agreement did not adequately address their concerns regarding pay and conditions, and that the negotiation process had not been entirely transparent.

The Commission found that the agreement contained all the necessary minimum terms and conditions, and that the negotiation process had been conducted in good faith. The Commission concluded that the agreement was fair and reasonable, and approved it for registration. The Commission acknowledged the employees' concerns but found that they were adequately addressed in the agreement. The Commission also noted that the agreement provided for a mechanism to address any future concerns that might arise.

The Commission's approval of the agreement means that it will now be legally binding on all employees covered by it. The company can now implement the agreement, and the employees are bound by its terms. The agreement will remain in force until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

Clayton Church Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established