DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eyre Peninsula Old Folks Home Inc
(AG2017/1916)

EYRE PENINSULA OLD FOLKS HOME CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 16 JUNE 2017

Application for approval of the Eyre Peninsula Old Folks Home Clerical Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eyre Peninsula Old Folks Home Clerical Employees Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eyre Peninsula Old Folks Home Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Eyre Peninsula Old Folks Home Inc, sought approval of the 2016 Enterprise Agreement for its clerical employees. The application was heard in the Fair Work Commission, with the respondent being the relevant union. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must be certified as "fair" before it can be approved. This involved assessing whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions for the employees. Additionally, the Commission considered whether the agreement provided for proper consultation and if it adequately addressed the needs of the clerical employees.

The Commission found that the agreement had been negotiated in good faith and that it contained all the mandated minimum terms and conditions. The agreement was deemed to be fair as it allowed for appropriate consultation and provided reasonable terms for the clerical employees. The Commission also noted that the agreement provided for proper mechanisms to address any future disputes between the employer and the employees. Consequently, the application for approval of the agreement was successful, and the agreement was certified as fair and approved.

The final orders of the Commission were that the 2016 Enterprise Agreement for the clerical employees of the Eyre Peninsula Old Folks Home be approved and certified as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, effective from the date of the Commission's decision.

Eyre Peninsula Old Folks Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established