Good Shepherd Aged Services

[2014] FWCA 137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Good Shepherd Aged Services
(AG2013/11688)

GOOD SHEPHERD AGED SERVICES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 8 JANUARY 2014

Application for approval of the Good Shepherd Aged Services Health and Allied Services Enterprise Agreement 2013.

[1] On 28 November 2013 Good Shepherd Aged Services (Applicant) made an application for approval of the Good Shepherd Aged Services Health and Allied Services 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 15 January 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Good Shepherd Aged Services, the applicant sought approval of the Health and Allied Services Enterprise Agreement 2013. The application was heard in the Fair Work Commission, with the Fair Work Commissioner, Dr. Ian Harper, presiding. The dispute involved the negotiation and approval of an enterprise agreement which aimed to regulate the terms and conditions of employment for workers in the aged care sector.

The central legal issues that the court had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it had been negotiated in good faith. Specifically, the court needed to determine if the agreement met the criteria for being a "simple, fair and flexible" agreement, and if the process of negotiation and consultation was adequate and in accordance with the law.

Dr. Harper concluded that the agreement was largely compliant with the statutory requirements. The court found that the agreement contained all the necessary provisions and that the negotiation process was conducted appropriately. The court was satisfied that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the application for approval of the enterprise agreement was successful.

The court ordered the approval of the Health and Allied Services Enterprise Agreement 2013, affirming that it was a simple, fair, and flexible agreement that met the legislative standards. This decision was significant as it provided clarity on the requirements for enterprise agreements in the aged care sector, and it underscored the importance of good faith negotiations and compliance with statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established