Croatian Ukrainian & Belarusian Aged Care Association T/A St Anna's Residential Care Facility

[2013] FWCA 588

FAIR WORK COMMISSION

DECISION

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

Croatian Ukrainian & Belarusian Aged Care Association T/A St Anna's Residential Care Facility
(AG2012/14265)

CROATIAN, UKRAINIAN AND BELARUSIAN AGED CARE ASSOCIATION ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 24 JANUARY 2013

Application for approval of the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) made by Croatian Ukrainian & Belarusian Aged Care Association T/A St Anna's Residential Care Facility. The Agreement is a single-enterprise agreement.

[2] On 21 January 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Croatian, Ukrainian and Belarusian Aged Care Association T/A St Anna's Residential Care Facility applied for the approval of the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2012. The association argued that the agreement was in the best interests of the employees and the employer, and met the criteria for approval under the Fair Work Act 2009. The Australian Council of Trade Unions and the Australian Services Union opposed the application, contending that the agreement did not meet the requirements for approval and was not in the best interests of the employees.

The legal issues the commission was required to decide included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for approval, including that it was made in good faith and in the best interests of the employees and employer. The commission also had to consider whether the agreement provided for the appropriate balance between the interests of the employees and the employer.

The commission found that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and met the criteria for approval. It was satisfied that the agreement was made in good faith and was in the best interests of the employees and employer. The commission also found that the agreement provided for the appropriate balance between the interests of the employees and the employer, and therefore approved the agreement. The commission noted that the agreement provided for a range of protections for the employees, including minimum rates of pay, leave entitlements, and provisions for dispute resolution.

The commission approved the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the removal of certain provisions that were found to be inconsistent with the Act, and the inclusion of additional provisions to ensure compliance with the National Employment Standards. The commission also made orders to ensure that the agreement was properly brought to the attention of the employees and that they had an opportunity to express their views on the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established