Jallarah Homes Inc Summary

[2014] FWCA 3415

FAIR WORK COMMISSION

DECISION

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

Jallarah Homes Inc
(AG2014/5836)

JALLARAH HOMES INC AGED CARE EMPLOYEES AND UNITED VOICE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 26 MAY 2014

Application for approval of the Jallarah Homes Inc Aged Care Employees and United Voice Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jallarah Homes Inc Aged Care Employees and United Voice Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jallarah Homes Inc. The Agreement is a single-enterprise agreement.

[2] On 14 May 2014, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2014. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jallarah Homes Inc, sought approval of the Jallarah Homes Inc Aged Care Employees and United Voice Enterprise Agreement 2014 from the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment for aged care workers employed by Jallarah Homes Inc. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue was whether the agreement was a protected action bargaining agreement and whether it was made in good faith. The applicant argued that the agreement complied with the requirements of the Fair Work Act. The respondent, United Voice, contended that the agreement did not meet the good faith requirement as it had been imposed on the employees without adequate consultation. The Commission had to assess the evidence and arguments presented to determine whether the agreement was appropriately negotiated and made in good faith.

The Fair Work Commission found that the agreement was a protected action bargaining agreement and had been made in good faith. The Commission was satisfied that there had been adequate consultation and negotiation between the parties. The terms of the agreement were considered to be fair and reasonable, taking into account the specific circumstances of the aged care industry. As such, the Commission approved the agreement.

The Fair Work Commission approved the Jallarah Homes Inc Aged Care Employees and United Voice Enterprise Agreement 2014. This decision provides a clear precedent for similar agreements in the aged care sector, emphasising the importance of good faith negotiation and adequate consultation in the bargaining process.

Jallarah Homes Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established