Fronditha Care

[2014] FWCA 3835

The attached document replaces the document previously issued with the above code on 11 June 2014.

Name of employer amended throughout.

Cloe van Korven

Associate to Commissioner Johns

Dated 13 June 2014

[2014] FWCA 3835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fronditha Care
(AG2014/6110)

FRONDITHA CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 11 JUNE 2014

Application for approval of the Fronditha Care, ANMF and HSU Enterprise Agreement 2013.

[1] On 20 May 2014 Fronditha Care (Applicant) made an application for approval of the Fronditha Care, ANMF and HSU Enterprise Agreement 2013 (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 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fronditha Care, sought approval for a proposed enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute involved the terms of the agreement, which was intended to govern employment conditions for workers in the aged care sector. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included an assessment of whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test." The court also needed to determine if the agreement was made in good faith and whether it met the "no disadvantage test."

The Fair Work Commission found that the proposed agreement was fair and reasonable, providing for terms and conditions that were appropriate for the workforce in question. The court held that the agreement met the better off overall test, as it offered a balance of benefits and detriments that was not worse for the employees than their previous conditions. Furthermore, the agreement was found to have been made in good faith and did not result in any employee being worse off than they would have been without the agreement. As such, the application for approval was successful.

The Fair Work Commission approved the Fronditha Care, ANMF and HSU Enterprise Agreement 2013, effective from the date of the decision. The agreement now governs the employment conditions for the relevant workers, providing a framework for fair and reasonable terms and conditions of employment in the aged care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established