Coburg Home For The Aged T/A Dorothy Impey Home

[2014] FWCA 4882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coburg Home For The Aged T/A Dorothy Impey Home
(AG2014/6504)

DOROTHY IMPEY HOME AGED CARE ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 21 JULY 2014

Application for approval of the Dorothy Impey Home Aged Care Enterprise Agreement 2014.

[1] On 19 June 2014 Coburg Home for the Aged T/A Dorothy Impey Home (Applicant) made an application for approval of the Dorothy Impey Home Aged Care Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

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

[3] The Commission is 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 Health Services Union and Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 July 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Coburg Home for the Aged trading as the Dorothy Impey Home, the Aged Care Enterprise Agreement 2014 and the Fair Work Commission. The dispute centred around the application for approval of the aforementioned Enterprise Agreement, which was brought before the Fair Work Commission. The commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the commission had to address included whether the agreement provided for the prescribed minimum terms and conditions, whether it was free from prohibited content, and if it had been made in accordance with the requirements of the Fair Work Act. Furthermore, the commission had to consider if the agreement had been made in good faith and whether it had been properly certified by the Australian Building and Construction Commission or an equivalent body.

In its decision, the commission held that the Dorothy Impey Home Aged Care Enterprise Agreement 2014 met the statutory requirements for approval. The commission found that the agreement provided for the minimum terms and conditions as prescribed by the Act and did not contain any prohibited content. The commission also determined that the agreement had been made in accordance with the requirements of the Fair Work Act and that it had been made in good faith. Additionally, the commission was satisfied that the agreement had been certified by the Australian Building and Construction Commission. As a result, the commission approved the agreement, finding it to be compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established