Gympie and District Home for the Aged Inc. t/a Cooinda Aged Care

[2013] FWCA 704

FAIR WORK COMMISSION

DECISION

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

Gympie and District Home for the Aged Inc. t/a Cooinda Aged Care
(AG2013/170)

COOINDA AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER ASBURY	BRISBANE, 31 JANUARY 2013

Application for approval of the Cooinda Aged Care Support Staff Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Aged Care 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 Gympie and District Home for the Aged Inc. t/a Cooinda Aged Care. 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] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Voice (UV), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 February 2013. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gympie and District Home for the Aged Inc., trading as Cooinda Aged Care, applied to the Fair Work Commission for approval of the Cooinda Aged Care Support Staff Enterprise Agreement 2012. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission to assess whether the agreement met the requirements for registration and if it provided for fair and reasonable terms and conditions.

The central legal issues before the Commission involved whether the agreement contained all the prescribed terms, and whether it provided for fair and reasonable terms and conditions. This included examining whether the agreement complied with the Fair Work Act's requirements for minimum standards and whether the agreement adequately addressed issues such as wages, working hours, and other employment conditions. The Commission also had to consider whether the agreement provided for a fair and reasonable resolution of any disputes between the employer and the employees.

The Fair Work Commission found that the Cooinda Aged Care Support Staff Enterprise Agreement 2012 was compliant with the Fair Work Act and contained all the prescribed terms. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees. The agreement was approved for registration, and the Commission issued a certificate of registration under section 235 of the Fair Work Act. This decision ensured that the agreement would provide a stable and legally binding framework for the employment relationship between the employer and the employees, thereby promoting fair and reasonable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established