Gold Age Australia Pty Ltd and Ejaz Nominees Pty Ltd

[2014] FWCA 6034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Age Australia Pty Ltd and Ejaz Nominees Pty Ltd
(AG2014/8552)

GOLD AGE AUSTRALIA PTY LTD (TRADING AS MCGREGOR GARDENS, GREENWAY GARDENS AND CAMBERWELL GARDENS) AND EJAZ NOMINEES PTY LTD (TRADING AS DELORAINE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 2 SEPTEMBER 2014

Application for approval of the Gold Age Australia Pty Ltd (trading as McGregor Gardens, Greenway Gardens and Camberwell Gardens) and Ejaz Nominees Pty Ltd (trading as Deloraine Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 6 August 2014 Gold Age Australia Pty Ltd and Ejaz Nominees Pty Ltd (Applicant) made an application for approval of the Gold Age Australia Pty Ltd (trading as McGregor Gardens, Greenway Gardens and Camberwell Gardens) and Ejaz Nominees Pty Ltd (trading as Deloraine Aged Care), ANMF and HSU Enterprise Agreement 2014 (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 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 9 September 2014. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Age Australia Pty Ltd and Ejaz Nominees Pty Ltd, trading as McGregor Gardens, Greenway Gardens, Camberwell Gardens, and Deloraine Aged Care, sought the approval of the Australian Industrial Relations Commission for the Enterprise Agreement 2014. The agreement in question involved their employees who were members of the Australian Nursing and Midwifery Federation and the Health Services Union. The application was brought before the Commission to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for fair and reasonable terms as outlined in the Act. This included assessing the provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission needed to consider whether the agreement was certified by the relevant union representatives in accordance with the statutory framework and whether it addressed any potential issues of unfair dismissal.

The Commission found that the agreement satisfied the necessary statutory criteria. It was determined that the agreement provided for fair and reasonable terms and conditions of employment. The agreement was certified by the relevant union representatives, and it included provisions for minimum wages, penalty rates, and leave entitlements that met the legislative standards. The Commission concluded that the agreement was fair and reasonable, and thus approved it. The decision was based on a thorough examination of the agreement's provisions and a consideration of the statutory framework within which it operated.

The Commission approved the Enterprise Agreement 2014, setting a precedent for the terms and conditions of employment for the employees covered by the agreement. The decision affirmed the importance of ensuring that enterprise agreements meet the statutory requirements for fairness and reasonableness, while also recognising the role of union representatives in the certification process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established