Lyndoch Living Inc

[2014] FWCA 4726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lyndoch Living Inc
(AG2014/6420)

LYNDOCH LIVING (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2013-2015

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2014

Application for approval of the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2013-2015.

[1] On 13 June 2014 Lyndoch Living Inc (Applicant) made an application for approval of the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2013-2015 (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. In any case, the Health Services Union has indicated its acceptance of the undertakings.

[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 Health Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] 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 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter of Lyndoch Living Inc was heard in the Fair Work Commission. The case involved an application for the approval of the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2013-2015. The applicant, Lyndoch Living Inc, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the provisions of the agreement, particularly those relating to the classification and remuneration of employees within the health and allied services, managers and administrative officers sectors.

The primary legal issue for the Commission to determine was whether the provisions of the enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the requirements for being a "single interests" agreement and whether it contained unfair provisions. The Commission also had to assess whether the agreement provided for a fair and efficient system of classifying and remunerating employees within the specified sectors.

In reaching its decision, the Commission considered the evidence provided by both parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement was a single interests agreement and did not contain any unfair provisions. The Commission also determined that the agreement provided for a fair and efficient system of classifying and remunerating employees within the specified sectors. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

As a result of the Commission's decision, the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2013-2015 was approved and came into effect. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the provisions of the agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established