DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Island Care (Tasmania) Limited
(AG2015/2065)

ISLAND CARE (TASMANIA) LIMITED ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2015

Application for approval of the Island Care (Tasmania) Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Island Care (Tasmania) Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Island Care (Tasmania) Limited. 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 Nursing and Midwifery Federation and the Health Services Union of Australia, 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 23 March 2015 and, in accordance with s.54, will operate from 30 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Island Care (Tasmania) Limited applied to the Fair Work Commission for the approval of the Island Care (Tasmania) Limited Enterprise Agreement 2014. The application was opposed by the Tasmanian Branch of the Australian Services Union. The dispute arose from the terms and conditions of employment for the employees of Island Care (Tasmania) Limited. The Fair Work Commission, presided over by Commissioner E. F. S. Smith, was tasked with determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements for approval. Procedurally, the Commission examined whether genuine agreement had been reached between the parties, whether the agreement contained the mandated terms and conditions, and whether the agreement was appropriately certified. Substantively, the Commission assessed whether the agreement unfairly disadvantaged any employee or group of employees, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees.

The Commission found that the enterprise agreement met all the statutory requirements for approval. The agreement was certified by an independent certifier, demonstrating that it had been genuinely agreed upon by the parties. The agreement contained all the mandated terms and conditions, and there was no evidence of unfair disadvantage to any employee or group of employees. Furthermore, the Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or not in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Island Care (Tasmania) Limited Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. The agreement came into effect on the date of the registration and applied to all employees of Island Care (Tasmania) Limited who were party to the agreement.

Island Care (Tasmania) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established