Jubilee Community Care Inc Summary

[2013] FWCA 5481

FAIR WORK COMMISSION

DECISION

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

Jubilee Community Care Inc
(AG2013/6853)

JUBILEE COMMUNITY CARE ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 AUGUST 2013

Application for approval of the Jubilee Community Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jubilee Community Care 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 Jubilee Community Care Inc. 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] United Voice, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 19 July 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 14 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jubilee Community Care Inc, sought approval of the Jubilee Community Care Enterprise Agreement 2013 from the Fair Work Commission. The respondent, Community and Public Sector Union, opposed the application on various grounds, including the impact on employees' remuneration and conditions. The case involved the interpretation and application of the Fair Work Act 2009 and the principles of good faith bargaining and fairness.

The legal issues before the court were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it met the standards of fairness and reasonableness. The court had to consider whether the agreement was genuinely negotiated and whether it provided adequate protections and benefits to the employees. The court also needed to determine if the agreement was in the best interests of the employees and the employer.

In its decision, the court found that the agreement was genuinely negotiated and met the procedural requirements of the Fair Work Act. The court held that the agreement provided reasonable protections and benefits to the employees and was in their best interests. The court also found that the agreement was fair and reasonable and did not disadvantage either party. The court approved the application and ordered that the Jubilee Community Care Enterprise Agreement 2013 be registered as a certified agreement.

Jubilee Community Care Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established