DECISION

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

Croatian Ukrainian and Belarusian Aged Care Association of SA Incorporated T/A St Anna's Residential Care Facility
(AG2015/1667)

CROATIAN, UKRAINIAN AND BELARUSIAN AGED CARE ASSOCIATION NURSING EMPLOYEES (AGED CARE) ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 21 JANUARY 2015

Application for approval of the Croatian, Ukrainian and Belarusian Aged Care Association Nursing Employees (Aged Care) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Croatian, Ukrainian and Belarusian Aged Care Association Nursing Employees (Aged Care) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Croatian Ukrainian and Belarusian Aged Care Association of SA Incorporated T/A St Anna’s Residential Care Facility. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 5 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Croatian Ukrainian and Belarusian Aged Care Association of SA Incorporated, trading as St Anna’s Residential Care Facility, applied to the Fair Work Commission for the approval of the Croatian, Ukrainian and Belarusian Aged Care Association Nursing Employees (Aged Care) Enterprise Agreement 2015. The applicant’s employees were represented by the Health Services Union of Australia. The application was made under the Fair Work Act 2009, which provides for the registration of enterprise agreements. The dispute before the Commission concerned the fairness of the agreement and whether it complied with the relevant statutory requirements.

The Commission had to consider whether the agreement satisfied the requirements of section 231 of the Act, including that the agreement had been made freely and voluntarily and without any duress or coercion. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Act regarding the treatment of employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also had to ensure that the agreement did not discriminate against any employee or group of employees.

The Commission found that the agreement had been made freely and voluntarily and without any duress or coercion. The Commission also found that the agreement complied with the provisions of the Act regarding the treatment of employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement did not discriminate against any employee or group of employees. The Commission approved the agreement, finding it to be a lawful and fair agreement that met the requirements of the Act.

The Commission approved the Croatian, Ukrainian and Belarusian Aged Care Association Nursing Employees (Aged Care) Enterprise Agreement 2015. The agreement is now registered under the Fair Work Act 2009 and will apply to the employees of the Croatian Ukrainian and Belarusian Aged Care Association of SA Incorporated, trading as St Anna’s Residential Care Facility. The approval of the agreement provides certainty and stability to the employer and employees, and ensures that the employees are treated fairly and in accordance with the law.

Croatian Ukrainian and Belarusian Aged Care Association of SA Incorporated T/A St Anna's Residential Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established