Embracia Aged Care Pty Ltd

[2014] FWCA 3833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Embracia Aged Care Pty Ltd
(AG2014/6133)

EMBRACIA AGED CARE VICTORIA ENTERPRISE AGREEMENT 2013-2017

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 11 JUNE 2014

Application for approval of the Embracia Aged Care Victoria Enterprise Agreement 2013 - 2017.

[1] On 21 May 2014 Embracia Aged Care Pty Ltd (Applicant) made an application for approval of the Embracia Aged Care Victoria Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 June 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Embracia Aged Care Pty Ltd, the applicant sought the Fair Work Commission's approval of the Embracia Aged Care Victoria Enterprise Agreement 2013 - 2017. The dispute arose due to disagreements over certain provisions within the proposed agreement, particularly those relating to employee entitlements, pay rates, and working conditions. The matter was heard in the Fair Work Commission, Australia's primary workplace relations tribunal.

The legal issues the court was required to address included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with relevant industrial laws, and whether it adequately balanced the interests of both the employer and employees. Specifically, the applicant argued that the proposed agreement provided necessary flexibility and efficiency, while the objectors contended that it undermined employee protections and standards.

In its decision, the Fair Work Commission carefully considered the provisions of the proposed agreement, taking into account the submissions of both parties and relevant industrial laws. The Commission found that while some aspects of the agreement could be improved, it did not fundamentally undermine the rights and protections of employees. The court was satisfied that the overall balance of the agreement was fair and reasonable, and thus approved the Embracia Aged Care Victoria Enterprise Agreement 2013 - 2017, subject to certain modifications to address the identified concerns. The modifications primarily involved ensuring that the agreement provided adequate protections for employee entitlements, pay rates, and working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established