Masonic Homes Limited

[2013] FWCA 6195

FAIR WORK COMMISSION

DECISION

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

Masonic Homes Limited
(AG2013/8593)

MASONIC HOMES MAINTENANCE, DOMESTIC CARE & SUPPORT STAFF COLLECTIVE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 27 AUGUST 2013

Application for approval of the Masonic Homes Maintenance, Domestic Care & Support Staff Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Masonic Homes Maintenance, Domestic Care & Support Staff Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Masonic Homes Limited. 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] United Voice and Construction, Forestry, Mining and Energy Union, FFPD No.1 National Branch - The Forestry, Furnishing, Building Products and Manufacturing Division , being bargaining representatives for the Agreement, have each 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 both organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Masonic Homes Limited, sought approval of a collective agreement concerning maintenance, domestic care, and support staff. The application was before the Fair Work Commission, which was asked to determine whether the agreement met the necessary criteria for approval. The dispute centred on whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly regarding the process of its negotiation and its content.

The legal issues the court had to resolve included whether the agreement was genuinely negotiated, whether it provided for proper representation, and whether it contained the mandatory terms required by the Fair Work Act. The court also needed to consider whether the agreement provided for proper dispute resolution mechanisms and whether it complied with the applicable awards and agreements.

The Fair Work Commission found that the agreement was genuinely negotiated and contained the necessary mandatory terms. The commission noted that the agreement had been negotiated in good faith, with proper representation of the employees. The commission also found that the agreement provided for appropriate dispute resolution mechanisms and complied with the relevant awards and agreements. The commission approved the agreement, stating that it met the necessary criteria for approval. The commission ordered that the agreement be approved and registered as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established