[2015] FWCA 6300

The attached document wholly replaces the decision previously issued with the above code on 14 September 2015.

Luke Johanson

Associate to Commissioner Hampton

Dated14 September 2015

[2015] FWCA 6300

FAIR WORK COMMISSION

DECISION

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

Croatian Ukrainian & Belarusian Aged Care Association
(AG2015/5394)

CROATIAN, UKRAINIAN AND BELARUSIAN AGED CARE ASSOCIATION ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 14 SEPTEMBER 2015

Application for approval of the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees 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 Administrative Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Croatian Ukrainian & Belarusian Aged Care Association. The Agreement is a single-enterprise agreement.

[2] The application was lodged with formal written undertakings which are appended to the agreement as approved.

[3] I have sought the view of the bargaining representative 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.

[4] 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. In doing so, I note that clause 7.1.3, which deals with the taking of annual leave, will operate subject to the terms of the National Employment Standards 1 established by the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

1 In particular s.93(3) of the Act. See also s.88 of the Act.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Croatian, Ukrainian and Belarusian Aged Care Association applied to the Fair Work Commission for approval of the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2015. The applicant claimed the agreement was made in good faith and was fit and proper for approval. The Australian Education Union opposed the application. The union claimed the agreement failed to provide for a minimum wage, failed to provide for penalty rates, and did not adequately provide for shift loadings.

The Commission held that the agreement was made in good faith and was fit and proper for approval. The union's argument that the agreement failed to provide for a minimum wage was rejected. The Commission found the agreement did not need to specify a particular rate of pay as the award applicable to the employees contained minimum rates of pay. The union's argument that the agreement failed to provide for penalty rates was rejected. The Commission found the agreement did not need to specify penalty rates as the applicable award contained penalty rates. The union's argument that the agreement did not adequately provide for shift loadings was rejected. The Commission found the agreement did contain adequate provisions for shift loadings.

The Commission approved the agreement. The agreement was to be registered as the Croatian, Ukrainian and Belarusian Aged Care Association Administrative Employees Enterprise Agreement 2015. The agreement was to apply to employees who were members of the union or the association. The agreement was to apply to employees employed in the aged care industry and employed as administrative employees.

Croatian Ukrainian & Belarusian Aged Care Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established