Multicultural Aged Care Services Geelong Incorporated Summary

[2014] FWCA 6974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multicultural Aged Care Services Geelong Incorporated
(AG2014/8844)

MULTICULTURAL AGED CARE SERVICES HEALTH AND ALLIED SERVICES COLLECTIVE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Multicultural Aged Care Services Health and Allied Services Collective Agreement 2014.

[1] On 2 September 2014 Multicultural Aged Care Services Geelong Incorporated (Applicant) made an application for approval of the Multicultural Aged Care Services Health and Allied Services Collective Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

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

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 October 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Multicultural Aged Care Services Geelong Incorporated sought approval of the Multicultural Aged Care Services Health and Allied Services Collective Agreement 2014. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including the statutory good faith bargaining provisions. The respondent, however, raised concerns about the fairness and reasonableness of the agreement.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for approval, particularly the provisions on good faith bargaining. The Commission needed to determine if the agreement was the result of genuine negotiations between the parties and whether it met the standards of fairness and reasonableness. The Commission also had to assess if the agreement adequately protected the interests of the employees.

The Commission examined the evidence presented by both parties, including the bargaining records and submissions. It concluded that the agreement was indeed the product of genuine negotiations and met the statutory requirements. The Commission found that the agreement was fair and reasonable and did not disadvantage the employees. Consequently, the Commission approved the Multicultural Aged Care Services Health and Allied Services Collective Agreement 2014.

The Fair Work Commission approved the Multicultural Aged Care Services Health and Allied Services Collective Agreement 2014. The Commission found that the agreement was the result of genuine negotiations and met the statutory requirements of the Fair Work Act 2009. The Commission also determined that the agreement was fair and reasonable and did not disadvantage the employees. As a result, the agreement was approved and will now govern the employment terms and conditions for the relevant employees.

Multicultural Aged Care Services Geelong Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established