Mary MacKillop Care SA Pty Ltd Summary

[2014] FWCA 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mary MacKillop Care SA Pty Ltd
(AG2014/3681)

MARY MACKILLOP CARE SA LTD UNITED VOICE / ANMF SOUTH AUSTRALIAN BRANCH AGED CARE SECTOR ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 18 FEBRUARY 2014

Application for approval of the Mary MacKillop Care SA Ltd United Voice / ANMF South Australian Branch Aged Care Sector Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mary MacKillop Care SA Ltd United Voice / ANMF South Australian Branch Aged Care Sector Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mary MacKillop Care SA Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Mary MacKillop Care SA Pty Ltd for the approval of the Mary MacKillop Care SA Ltd United Voice / ANMF South Australian Branch Aged Care Sector Enterprise Agreement 2013. The applicant sought approval for the agreement under section 232 of the Fair Work Act 2009, to ensure it met the necessary standards and conditions for operation within the aged care sector.

The primary legal issues addressed by the Commission revolved around whether the proposed enterprise agreement adhered to the procedural and substantive requirements set forth in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it met the minimum standards outlined in the Act. Furthermore, the Commission examined the fairness of the agreement's terms and conditions, including the rates of pay, allowances, and other employment-related provisions.

The Commission found that the enterprise agreement was made in good faith and covered the appropriate bargaining unit. It was satisfied that the agreement met the procedural requirements, having been negotiated between the employer and the relevant union. The Commission also determined that the agreement did not fall below the safety net provided by the Act, as it provided for minimum wage rates and conditions that were at least as favourable as those set out in the relevant awards. After considering the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable, and approved it under section 232 of the Fair Work Act.

The final orders of the Commission included the approval of the Mary MacKillop Care SA Ltd United Voice / ANMF South Australian Branch Aged Care Sector Enterprise Agreement 2013. The agreement was to be registered and would take effect from the date of the Commission's decision, governing the employment terms and conditions for the relevant employees within the aged care sector.

Mary MacKillop Care SA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established