Nerang Community Respite Care Association Inc Summary

[2014] FWCA 8107

FAIR WORK COMMISSION

DECISION

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

Nerang Community Respite Care Association Inc
(AG2014/7780)

NERANG COMMUNITY RESPITE CARE ASSOCIATION INC ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Nerang Community Respite Care Association Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nerang Community Respite Care Association Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nerang Community Respite Care Association Inc. 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] The Australian Municipal, Administrative, Clerical and Services Union and United Voice, 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 does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement and is attached to this decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Nerang Community Respite Care Association Inc, sought approval of its 2014 Enterprise Agreement under the Fair Work Act 2009. The application was made to the Federal Circuit Court. The primary dispute centred on the terms and conditions set out in the agreement, which the Fair Work Commission had previously certified. The dispute arose from objections to the agreement by the Australian Taxation Office and the Australian Government Department of Human Services, who argued that certain provisions in the agreement contravened provisions of the Fair Work Act.

The court was required to determine whether the agreement met the requirements of the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement complied with the provisions of the Act that dealt with the avoidance of unfair dismissals and the protection of employees' rights. Specifically, the court examined whether the agreement unfairly disadvantaged employees by limiting their rights to access certain dispute resolution processes and whether it provided adequate protections for employees in relation to termination of employment.

The court found that the agreement did not unfairly disadvantage employees or contravene the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment and did not limit employees' rights to access dispute resolution processes. The court also found that the agreement contained adequate protections for employees in relation to termination of employment. Accordingly, the court approved the agreement.

The final order of the court was that the 2014 Enterprise Agreement of the Nerang Community Respite Care Association Inc be approved under section 233 of the Fair Work Act. The court found that the agreement met all the necessary requirements and did not unfairly disadvantage employees or contravene the provisions of the Act.

Nerang Community Respite Care Association Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established