Good Shepherd Lodge Limited ATF the Good Shepherd Lodge Charitable Trust t/a Good Shepherd Lodge Summary

[2013] FWCA 1340

FAIR WORK COMMISSION

DECISION

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

Good Shepherd Lodge Limited ATF the Good Shepherd Lodge Charitable Trust t/a Good Shepherd Lodge
(AG2013/123)

GOOD SHEPHERD LODGE SUPPORT STAFF ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER ASBURY	BRISBANE, 4 MARCH 2013

Good Shepherd Lodge Support Staff Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Good Shepherd Lodge Support Staff Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Good Shepherd Lodge Limited ATF the Good Shepherd Lodge Charitable Trust t/a Good Shepherd Lodge. 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] On 28 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 March 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Good Shepherd Lodge Limited, trading as Good Shepherd Lodge, and its support staff. The dispute centred around the interpretation and application of the Good Shepherd Lodge Support Staff Enterprise Agreement 2012. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The primary legal issues addressed by the Commission were whether certain clauses within the 2012 Agreement were valid and, if so, how they should be interpreted and applied. Specifically, the dispute centred on the classification of roles and the entitlements associated with those classifications. The crux of the matter involved the interpretation of terms such as "support staff" and the conditions that applied to different roles within the enterprise.

The Commission examined the plain meaning of the Agreement's terms and considered relevant precedents and statutory provisions. It concluded that certain clauses were ambiguous and thus required interpretation. The Commission held that the Agreement should be interpreted in a manner that reflected the intentions of the parties at the time of its creation, taking into account the context and purpose of the Agreement. The Commission further found that the classification of roles was consistent with the broader industry standards and practices, and that the entitlements provided under the Agreement were fair and reasonable. The decision ultimately upheld the validity of the Agreement and its application to the parties involved.

The Fair Work Commission ordered that the Good Shepherd Lodge Support Staff Enterprise Agreement 2012 remain in effect, with the interpretations provided by the Commission. The decision provided clarity on the application of the Agreement and resolved the dispute between the parties.

Good Shepherd Lodge Limited ATF the Good Shepherd Lodge Charitable Trust t/a Good Shepherd Lodge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established