James Brown Memorial Trust Summary

[2013] FWCA 4229

FAIR WORK COMMISSION

DECISION

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

James Brown Memorial Trust
(AG2013/1619)

JAMES BROWN MEMORIAL TRUST ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 28 JUNE 2013

Application for approval of the James Brown Memorial Trust Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the James Brown Memorial Trust Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by James Brown Memorial Trust. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing Federation and United Voice, 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the James Brown Memorial Trust, sought the Fair Work Commission’s approval of the James Brown Memorial Trust Enterprise Agreement 2013. The Trust argued that the agreement was suitable for the purposes of the Fair Work Act 2009. The application was opposed by the respondent, an employee of the Trust, who contended that the agreement did not provide adequate protection of employees’ rights.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. This required a determination of whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated in good faith. The respondent argued that the agreement did not adequately protect employees’ rights, particularly in relation to redundancy entitlements and access to flexible working arrangements.

The Commission found that the agreement was suitable for approval. It held that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated in good faith. The Commission rejected the respondent’s argument that the agreement did not provide adequate protection of employees’ rights, finding that the provisions of the agreement were consistent with the principles of fairness and equity. The Commission noted that the agreement provided for a fair and reasonable process for resolving disputes, and that it included provisions for consultation and communication between the parties.

The Fair Work Commission approved the James Brown Memorial Trust Enterprise Agreement 2013. The Commission found that the agreement met the criteria for approval under section 233 of the Fair Work Act, and that it provided for fair and reasonable terms and conditions of employment. The Commission rejected the respondent’s argument that the agreement did not provide adequate protection of employees’ rights, finding that the provisions of the agreement were consistent with the principles of fairness and equity. The Commission noted that the agreement provided for a fair and reasonable process for resolving disputes, and that it included provisions for consultation and communication between the parties.

James Brown Memorial Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established