Manor Court Werribee Aged Care Ltd Summary

[2014] FWCA 836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manor Court Werribee Aged Care Ltd
(AG2013/12819)

MANOR COURT WERRIBEE AGED CARE LTD HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the Manor Court Werribee Aged Care Ltd Health and Allied Services Enterprise Agreement 2013.

[1] On 20 December 2014 Manor Court Werribee Aged Care Ltd (Applicant) made an application for approval of the Manor Court Werribee Aged Care Ltd Health and Allied Services Enterprise Agreement 2013 (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, 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 February 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Manor Court Werribee Aged Care Ltd, an aged care facility, and the Fair Work Commission, which was asked to approve an enterprise agreement between the company and its employees. The agreement in question was the Manor Court Werribee Aged Care Ltd Health and Allied Services Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement should be certified as a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in good faith and whether it contained the required minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to consider if the agreement was made in accordance with the provisions of the Act, including whether proper consultation had occurred between the parties.

In examining these issues, the Commission noted that the agreement had been negotiated between the employer and the relevant union, and that there had been a series of meetings and submissions to ensure that the employees' interests were adequately represented. The Commission found that the agreement was made in good faith and that it contained all the required minimum terms and conditions. The Commission also determined that the agreement was made in accordance with the Act, including that there had been sufficient consultation between the parties. Based on these findings, the Commission certified the agreement as a registered agreement.

The final orders of the Commission were that the Manor Court Werribee Aged Care Ltd Health and Allied Services Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the Commission's decision and would apply to all employees covered by the agreement. The decision also included provisions for the review and variation of the agreement in the future.

Manor Court Werribee Aged Care Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established