Multicultural Aged Care Services Geelong Inc

[2013] FWCA 7388

FAIR WORK COMMISSION

DECISION

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

Multicultural Aged Care Services Geelong Inc
(AG2013/2499)

MULTICULTURAL AGED CARE SERVICES GEELONG INC, COMMUNITY AND HOME CARE EMPLOYEES, ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 25 SEPTEMBER 2013

Application for approval of The Multicultural Aged Care Services Geelong Inc, Community & Home Care Employees, Enterprise Agreement 2013.

[1] On 23 August 2013 an application was made for approval of an enterprise agreement known as The Multicultural Aged Care Services Geelong Inc, Community & Home Care Employees, Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Multicultural Aged Care Services Geelong Inc (Applicant). The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is 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. In any case the Commission received correspondence from the Health Services Union (HSU) indicating it has no objection to the undertakings.

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

[4] The HSU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Multicultural Aged Care Services Geelong Inc, the respondent, sought approval of an enterprise agreement from the Fair Work Commission. The applicant, the Community and Home Care Employees Union, sought the approval of the agreement on behalf of its members employed by the respondent. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the necessary provisions regarding pay rates, conditions of employment, and dispute resolution mechanisms, and whether it had been genuinely negotiated between the parties.

The Commission began by examining the procedural fairness of the agreement. It assessed whether the union had genuinely negotiated the agreement with the employer and whether the agreement was consistent with the principles of good faith bargaining. The Commission then turned to the substantive provisions of the agreement, including the pay rates, working conditions, and dispute resolution mechanisms. It considered whether these provisions met the standards set by the Fair Work Act, including the safety net of minimum wages and conditions. After a detailed analysis, the Commission found that the agreement was genuinely negotiated and contained provisions that complied with the requirements of the Fair Work Act.

Accordingly, the Commission approved the Multicultural Aged Care Services Geelong Inc, Community & Home Care Employees, Enterprise Agreement 2013. The decision was made on the basis that the agreement met the necessary legal criteria and provided a fair and reasonable set of terms and conditions for the employees involved. The Commission's approval ensures that the agreement will now be legally binding on both the employer and the employees, providing them with certainty and protection under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established