Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated T/A MASONIC Care WA

[2014] FWCA 7983

FAIR WORK COMMISSION

DECISION

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

Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated T/A MASONIC Care WA
(AG2014/8085)

HOWARD SOLOMON ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 13 NOVEMBER 2014

Application for approval of the Howard Solomon Enterprise Agreement 2014.

[1] On 5 November 2014, Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated T/A MASONIC Care WA made application for approval of a single enterprise agreement to be known as the Howard Solomon Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 24 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation (WA Branch) (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 November 2014.

[7] The nominal expiry date of this Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Grand Lodge of Western Australia Freemasons Homes for the Aged Incorporated trading as Masonic Care WA and their employees. The dispute centred on the approval of the Howard Solomon Enterprise Agreement 2014, which governs the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission. The legal issues that the Commission needed to resolve were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it contained the necessary procedural fairness elements. The Commission considered whether the agreement met the requirements for approval, including whether it provided for the employees' wages, conditions and other terms of employment and whether it had been made in good faith and without coercion.

The Fair Work Commission found that the Howard Solomon Enterprise Agreement 2014 did comply with the relevant statutory provisions and included the necessary procedural fairness elements. The Commission examined the process through which the agreement was made, including the extent to which the parties had negotiated in good faith and whether the employees had been given a reasonable opportunity to express their views. The Commission also assessed whether the agreement provided for the employees' wages, conditions and other terms of employment in a manner that was fair and reasonable. Ultimately, the Commission was satisfied that the agreement met the necessary requirements for approval.

In light of its findings, the Commission approved the Howard Solomon Enterprise Agreement 2014. The approval was effective from 1 January 2015 and applied to the employees covered by the agreement. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their relationship moving forward. The decision also reinforced the importance of ensuring that enterprise agreements comply with the relevant legal requirements and provide for procedural fairness in the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established