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

[2013] FWCA 589

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
(AG2013/4243)

CROATIAN UKRAINIAN AND BELARUSIAN AGED CARE ASSOCIATION AGED CARE 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 Aged Care 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 Aged Care 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

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CaseChat Overview and Summary

In the case of the Croatian Ukrainian and Belarusian Aged Care Association Trading as St Anna’s Residential Care Facility, the Fair Work Commission was asked to approve a new enterprise agreement between the association and its employees. The association operates a residential aged care facility in Melbourne and sought to establish terms and conditions for its employees under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval under the statute, including whether it provided for fair and reasonable terms and conditions for the employees.

The legal issues before the Commission were whether the agreement provided for the proper protection of employees' wages, hours of work, and other conditions of employment, and whether it was appropriately certified as a simple or low-complexity agreement. The association argued that the agreement was fair and reasonable and met the statutory requirements for approval. The employees, represented by a union, contested the agreement on various grounds, including that it did not provide for adequate wage increases and failed to adequately protect employees' rights.

The Commission examined the proposed agreement in detail, considering the evidence and arguments presented by both parties. It found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wage increases, leave entitlements, and other conditions of employment. The Commission also found that the agreement was appropriately certified as a low-complexity agreement and met the statutory requirements for approval. Accordingly, the Commission approved the proposed agreement, subject to certain minor amendments to address the union's concerns.

The Fair Work Commission approved the Croatian Ukrainian and Belarusian Aged Care Association Aged Care Employees Enterprise Agreement 2012, subject to the minor amendments. The association and its employees are now bound by the terms and conditions set out in the agreement, which provides for fair and reasonable wages, hours of work, and other conditions of employment. The decision is a reminder of the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide for the proper protection of employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established