Masonic Peace Memorial Haven of Northern Tasmania Inc

[2013] FWCA 8940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Peace Memorial Haven of Northern Tasmania Inc
(AG2013/7587)

THE MASONIC HOMES OF NORTHERN TASMANIA GENERAL STAFF ENTERPRISE AGREEMENT 2012

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2013

Application for approval of The Masonic Homes of Northern Tasmania General Staff Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as The Masonic Homes of Northern Tasmania General Staff Enterprise Agreement 2012 (the Agreement). The application was made by Masonic Peace Memorial Haven of Northern Tasmania (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this proceeding were Masonic Peace Memorial Haven of Northern Tasmania Inc and the Tasmanian branch of the Health Services Union of Australia. The dispute involved the approval of the 2012 General Staff Enterprise Agreement. The court involved was the Fair Work Commission (FWC). The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The FWC considered the requirements for approval of an enterprise agreement under section 173 of the Fair Work Act. The court examined the process by which the agreement was negotiated, the coverage of the agreement, and the terms and conditions it contained. The FWC also assessed whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it met the 'better off overall test'. The court noted the submissions from both parties and the evidence provided.

The FWC determined that the agreement had been fairly and properly negotiated and that it met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions, including adequate pay and conditions for the employees. The FWC also concluded that the agreement met the 'better off overall test', meaning that the overall package of pay and conditions was better for the employees than their previous terms and conditions. The FWC approved the agreement, noting that it was in the best interests of both the employees and the employer.

The FWC's final orders approved the 2012 General Staff Enterprise Agreement between Masonic Peace Memorial Haven of Northern Tasmania Inc and the Tasmanian branch of the Health Services Union of Australia, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established