| [2018] FWCA 7548 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Croatian, Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility
(AG2018/4673)
Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2018
| Aged care industry | |
| Deputy President Masson | MELBOURNE, 12 DECEMBER 2018 |
Application for approval of the Croatian, Ukrainian & Belarusian Aged Care Association of Administrative Employees Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Croatian, Ukrainian & Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Croatian, Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 1 July 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE501052 PR703090>
Annexure A
- AGLC
- Croatian, Ukrainian & Belarusian Aged Care Association of SA Inc. T/A St Anna’s Residential Care Facility [2018] FWCA 7548
- Case
- [2018] FWCA 7548
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the criteria for "certified" status, which would allow it to be registered and enforced without further union involvement. The court needed to determine if the agreement was genuinely negotiated, if it contained the mandatory terms as stipulated by the Act, and if the process of its formation was fair and lawful. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any employee.
The court found that the proposed agreement was genuinely negotiated, contained all the mandatory terms as required by the Fair Work Act, and was formed in a fair and lawful manner. The court noted that the process adhered to the statutory requirements, and the agreement was comprehensive in its coverage of the employees’ rights and obligations. The court was satisfied that the agreement did not unfairly disadvantage any employee and met all the necessary criteria for approval. Consequently, the court granted the application for approval of the proposed enterprise agreement.
The final orders of the court were that the Croatian, Ukrainian & Belarusian Aged Care Association of Administrative Employees Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision meant that the agreement would be legally binding between the association and the employer, and it would govern the employment conditions of the workers from the date of approval.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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