Little Sisters of the Poor Aged Care Ltd

[2014] FWCA 4732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Little Sisters of the Poor Aged Care Ltd
(AG2014/6566)

LITTLE SISTERS OF THE POOR AGED CARE LIMITED ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2014

Application for approval of the Little Sisters of the Poor Aged Care Limited Enterprise Agreement 2014.

[1] On 24 June 2014 Little Sisters of the Poor Aged Care Ltd (Applicant) made an application for approval of the Little Sisters of the Poor Aged Care Limited Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation, Health Services Union 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Little Sisters of the Poor Aged Care Ltd was a matter before the Fair Work Commission, where the applicant, Little Sisters of the Poor Aged Care Ltd, sought approval of the Enterprise Agreement entered into with its employees. The dispute centred on the terms and conditions of employment for the employees, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement was fair and reasonable in all its terms and complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement was fair and reasonable in all its terms. The Commission had to consider whether the agreement complied with the "better off overall test" as set out in section 230 of the Fair Work Act 2009. This test required the Commission to determine whether the proposed agreement would provide employees with a better overall package of terms and conditions of employment than the applicable award or safety net award. The Commission also needed to consider whether the agreement met the requirements of procedural fairness and whether it contained any terms that were contrary to public policy.

In reaching its decision, the Commission considered the evidence presented by both parties and examined the terms of the proposed agreement. The Commission found that the agreement was fair and reasonable in all its terms and met the "better off overall test." The Commission also found that the agreement did not contain any terms that were contrary to public policy and that procedural fairness had been observed in the negotiation and drafting of the agreement. The Commission approved the Enterprise Agreement, which will now apply to the employees of Little Sisters of the Poor Aged Care Ltd.

The Fair Work Commission approved the Enterprise Agreement between Little Sisters of the Poor Aged Care Ltd and its employees, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that a copy of the agreement be provided to each employee. The Commission also ordered that any disputes arising under the agreement be referred to the Commission for resolution. The approval of the agreement means that the terms and conditions of employment for the employees will be governed by the agreement, rather than the applicable award or safety net award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established