Freemasons Homes of Southern Tasmania Incorporated

[2014] FWCA 8367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freemasons Homes of Southern Tasmania Incorporated
(AG2014/9218)

FREEMASONS HOMES OF SOUTHERN TASMANIA INC. GENERAL STAFF AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Freemasons Homes of Southern Tasmania Inc. General Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Freemasons Homes of Southern Tasmania Inc. General Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freemasons Home of Southern Tasmania Incorporated. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation being a bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 November 2014 and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Freemasons Homes of Southern Tasmania Incorporated applied to the Fair Work Commission for approval of the Freemasons Homes of Southern Tasmania Inc. General Staff Agreement 2014. The application was made under section 234 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a safety net agreement. The Australian Council of Trade Unions, Tasmanian Trades and Labour Council, and the Building Industry General Operatives’ Union were the respondents.

The main legal issue before the Commission was whether the agreement met the statutory requirements for safety net approval. The Commission had to determine if the agreement provided employees with at least the minimum terms and conditions of employment as set out in the relevant award or safety net instrument. The applicant argued that the agreement provided better terms than the award, while the respondents contended that the agreement did not meet the safety net standards.

The Commission examined the agreement in detail and found that it provided employees with terms and conditions of employment that were at least as good as those set out in the award. The agreement contained provisions on minimum wages, penalty rates, leave entitlements, and other conditions of employment that were consistent with or superior to the award. The Commission was satisfied that the agreement met the statutory requirements for safety net approval. The application was therefore approved.

The Commission ordered that the Freemasons Homes of Southern Tasmania Inc. General Staff Agreement 2014 be approved as a safety net agreement. The agreement came into effect on 1 July 2014 and remains in force until 30 June 2019. The order is binding on all employees, employers, and employers’ associations covered by the agreement. The Commission’s decision provides clarity on the safety net standards for employees in the building and construction industry in Tasmania.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established