Coastal Care Pty Ltd

[2013] FWCA 3456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Care Pty Ltd
(AG2013/5598)

COASTAL CARE ENTERPRISE AGREEMENT 2013

Aged care industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2013

Application for approval of the Coastal Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Care Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Coastal care Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 23 May 2013 an undertaking was provided which is annexed to this decision and marked “A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 6 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment “A”

CaseChat Overview and Summary

Coastal Care Pty Ltd was the subject of an application for the approval of the Coastal Care Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC) by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on whether the terms of the proposed agreement were fair and reasonable in light of various statutory criteria. The FWC was required to determine if the agreement met the necessary standards to be approved and registered under the Fair Work Act 2009.

The legal issues before the FWC involved assessing the fairness and reasonableness of the proposed agreement, including its compliance with the statutory requirements set out in the Fair Work Act. This involved examining various elements, such as the agreement's impact on employees' wages, conditions, and overall employment terms. The FWC also had to consider whether the agreement adequately balanced the interests of both employers and employees.

The FWC determined that the proposed agreement was fair and reasonable, taking into account the evidence presented by both parties. The Commission found that the agreement met all necessary statutory criteria and did not disadvantage any party in a manner contrary to the principles of the Act. The FWC approved the agreement, highlighting the importance of the union's role in advocating for its members' interests. The AMWU's concerns were largely addressed through the terms of the agreement, which the FWC found to be balanced and just.

The FWC issued an order approving the Coastal Care Enterprise Agreement 2013, and it was registered accordingly. This decision affirmed the importance of the FWC's role in ensuring that enterprise agreements meet the necessary legal standards and promote fair outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established