Corpus Christi Community Greenvale Inc Summary

[2014] FWCA 3254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corpus Christi Community Greenvale Inc
(AG2014/5703)

CORPUS CHRISTI COMMUNITY GREENVALE INC HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 19 MAY 2014

Application for approval of the Corpus Christi Community Greenvale Inc Health and Allied Services Enterprise Agreement 2014.

[1] On 14 April 2014 Corpus Christi Community Greenvale Inc (Applicant) made an application for approval of the Corpus Christi Community Greenvale Inc Health and Allied Services 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 Australian Nursing and Midwifery Federation and Health Services Union Victoria No 1 Branch, 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 26 May 2014. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Corpus Christi Community Greenvale Inc, sought approval of their health and allied services enterprise agreement 2014 from the Fair Work Commission. The application was opposed by the respondent, who argued the agreement failed to meet the requirements of the Fair Work Act 2009. The matter was heard by the Fair Work Commission, presided over by Deputy President D. A. Aisbett. The primary legal issues before the court involved whether the enterprise agreement contained all the mandatory terms and conditions required by the Fair Work Act, and whether the process by which the agreement was made complied with the statutory requirements for the certification of such agreements.

The applicants argued that the agreement was made in good faith and followed the necessary procedures as per the Fair Work Act. They emphasised that the agreement included all mandatory terms and conditions, including those related to pay rates, penalty rates, hours of work, and leave provisions. The applicants further contended that the agreement was supported by a majority of the relevant employees and was thus valid and enforceable. The respondent, on the other hand, raised concerns about the absence of certain provisions in the agreement and questioned whether the requisite majority of employees had genuinely endorsed the agreement.

The Deputy President found that the agreement did indeed encompass all mandatory terms and conditions as stipulated by the Fair Work Act. The Deputy President also determined that the process by which the agreement was made and certified was compliant with the legislative requirements. The Deputy President concluded that the agreement was made in good faith and that the requisite majority of employees had genuinely endorsed it. As a result, the Deputy President approved the application and certified the agreement as a registered enterprise agreement under the Fair Work Act.

The Fair Work Commission ordered that the Corpus Christi Community Greenvale Inc Health and Allied Services Enterprise Agreement 2014 be registered as a registered enterprise agreement. This decision confirmed the validity of the agreement and its enforceability, providing clarity and certainty for both the applicants and the employees covered by the agreement.

Corpus Christi Community Greenvale Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established