McKenzie Staff Pty Ltd

[2013] FWCA 9390

FAIR WORK COMMISSION

DECISION

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

McKenzie Staff Pty Ltd
(AG2013/10188)

MCKENZIE AGED CARE GROUP ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 4 DECEMBER 2013

Application for approval of the McKenzie Aged Care Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the McKenzie Aged Care Group Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McKenzie Staff Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union, the Health Services Union of Australia New South Wales Branch, New South Wales Nurses and Midwives’ Association & the Australian Nursing and Midwifery Federation - New South Wales Branch, The Australian Workers’ Union of Employees, Queensland and the Queensland Nurses’ Union of Employees, 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 11 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, McKenzie Staff Pty Ltd, sought approval of the McKenzie Aged Care Group Enterprise Agreement 2013 from the Fair Work Commission. The applicant argued that the agreement met the requirements for approval under the Fair Work Act 2009. The dispute arose because the respondent, Health Services Union of Australia, had objections to certain terms and conditions outlined in the agreement. The case was heard in the Fair Work Commission, which was required to determine whether the agreement complied with the statutory prerequisites for approval.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if the process for reaching the agreement was fair and lawful. Additionally, the Commission had to evaluate the objections raised by the respondent regarding specific terms of the agreement.

The Fair Work Commission, after reviewing the evidence and arguments presented by both parties, concluded that the agreement did indeed meet the statutory requirements for approval. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Furthermore, the Commission determined that the process for reaching the agreement was fair and lawful, despite the respondent's objections. Consequently, the Commission approved the McKenzie Aged Care Group Enterprise Agreement 2013.

In its decision, the Fair Work Commission approved the McKenzie Aged Care Group Enterprise Agreement 2013, dismissing the objections raised by the respondent. The Commission emphasised that the agreement was fair and complied with all statutory requirements, thereby setting a precedent for similar agreements in the aged care sector. The decision underscored the importance of adhering to the statutory framework when negotiating and approving enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established