Masonic Care Tasmania Incorporated

[2018] FWCA 559

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Masonic Care Tasmania Incorporated

(AG2017/4908)

Masonic Care Tasmania Incorporated (South) General Staff Agreement 2017

Tasmania
Commissioner Lee	HOBART, 25 JANUARY 2018

Application for approval of the Masonic Care Tasmania Incorporated (South) General Staff Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Masonic Care Tasmania Incorporated (South) General Staff Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Masonic Care Tasmania Incorporated. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Masonic Care Tasmania Incorporated, sought approval for the Masonic Care Tasmania Incorporated (South) General Staff Agreement 2017. The applicant aimed to have the agreement certified as a modern award by the Fair Work Commission, which would ensure that the terms of the agreement applied to employees who were not already covered by the agreement. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was a modern award, if it met the procedural requirements for certification, and if it adhered to the provisions outlined in the Fair Work Act regarding the content and scope of the agreement. The court also needed to consider if the agreement provided fair and reasonable terms for both the employees and the employer.

The court examined the application and supporting documentation, considering the fairness and appropriateness of the terms within the agreement. It was noted that the agreement had been developed through a process of negotiation and consultation between the parties involved. The court found that the agreement was comprehensive, covering various aspects of employment, including wages, conditions, and dispute resolution mechanisms. It was also observed that the agreement included provisions that went beyond the minimum requirements of the Fair Work Act, providing additional benefits to employees. Ultimately, the court concluded that the agreement met the criteria for a modern award under the Fair Work Act and approved the application for certification.

The court's decision was that the Masonic Care Tasmania Incorporated (South) General Staff Agreement 2017 was approved as a modern award, effective from the date of the decision. This ruling ensures that the terms of the agreement apply to the relevant employees, providing them with the benefits and protections outlined within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established