Lady of Grace Fraternity

[2014] FWCA 6042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lady of Grace Fraternity
(AG2014/1809)

LADY OF GRACE AGED CARE FACILITY ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Lady of Grace Aged Care Facility Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lady of Grace Aged Care Facility 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 Lady of Grace Fraternity. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] An undertaking has been provided by Mr Robert Carabetta, Operations Manager, Lady of Grace Fraternity. The written undertaking concerning clause 35.2 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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 these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Lady of Grace Aged Care Facility Enterprise Agreement 2014. The application was made by the applicant, the Lady of Grace Fraternity, a not-for-profit organisation operating aged care facilities in Victoria. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The key legal issues before the Commission were whether the proposed agreement had been negotiated fairly and in good faith, and whether it met the specific requirements of the Fair Work Act, including provisions regarding minimum entitlements and the process for dispute resolution. The Commission also had to consider whether the agreement provided for proper representation and consultation with employee representatives, and whether the agreement was in the best interests of the employees.

The Commission found that the agreement had been negotiated fairly and in good faith, and that it met all statutory requirements. The Commission was satisfied that the process for dispute resolution was appropriate and that the agreement provided for proper representation and consultation. The Commission further found that the agreement was in the best interests of the employees, providing fair and reasonable terms that aligned with industry standards. Based on these findings, the Commission approved the application.

The Fair Work Commission approved the application for the approval of the Lady of Grace Aged Care Facility Enterprise Agreement 2014. The Commission's decision confirmed that the agreement was fair, had been negotiated in good faith, and met all statutory requirements under the Fair Work Act. The approval ensures that the employees of the Lady of Grace Fraternity will be covered by the terms of the agreement, providing them with a fair and reasonable framework for their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established