DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lower Burdekin Home for the Aged Society
(AG2017/2428)

LOWER BURDEKIN HOME FOR THE AGED ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 29 AUGUST 2017

Application for approval of the Lower Burdekin Home for the Aged Administration Staff Enterprise Agreement 2017.

[1] On 23 June 2017 Lower Burdekin Home for the Aged Society (Applicant) made an application for approval of the Lower Burdekin Home for the Aged Administration Staff Enterprise Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 September 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Lower Burdekin Home for the Aged Society, sought approval for the Lower Burdekin Home for the Aged Administration Staff Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while no objections were raised by the employees or other interested parties.

The Commission considered whether the agreement complied with the requirements of the Fair Work Act, including whether it contained the necessary minimum terms and conditions and whether it was procedurally fair. The Commission also examined if the agreement provided for a fair and reasonable outcome for the employees involved. The applicant provided evidence and submissions to demonstrate that the agreement met these criteria.

After reviewing the evidence and submissions, the Commission found that the agreement was procedurally fair and contained the required minimum terms and conditions. The Commission determined that the agreement was fair and reasonable for the employees and did not disadvantage them. As such, the Commission approved the Lower Burdekin Home for the Aged Administration Staff Enterprise Agreement 2017. The Commission made an order approving the agreement as per the Fair Work Act.

Lower Burdekin Home for the Aged Society

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established