Ozcare

[2014] FWCA 114

FAIR WORK COMMISSION

DECISION

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

Ozcare
(AG2013/12068)

OZCARE CARE AND SUPPORT ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2014

Ozcare Care and Support Enterprise Agreement 2013 Application for approval of the Ozcare Care and Support Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ozcare Care and Support 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 Ozcare. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the United Voice and the Australian Municipal, Administrative, Clerical and Services Union being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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 31 January 2014. The nominal expiry date of the agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ozcare, a not-for-profit aged care provider, sought approval for the Ozcare Care and Support Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, where the applicant argued that the agreement provided fair and reasonable terms for employees. The respondent, the Australian Services Union (ASU), opposed the application, claiming that the agreement did not adequately protect employees' rights and conditions.

The central legal issue before the Commission was whether the terms and conditions set out in the Ozcare Care and Support Enterprise Agreement 2013 were fair and reasonable for the employees covered by the agreement. The Commission examined various aspects of the agreement, including wages, working hours, leave provisions, and other employment conditions. The Commission also considered the views of the ASU and Ozcare, as well as the principles of procedural fairness and the importance of ensuring that the agreement provided for the fair and reasonable treatment of employees.

After carefully considering the evidence and arguments presented, the Commission found that the Ozcare Care and Support Enterprise Agreement 2013 provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission acknowledged the efforts of both parties in reaching a consensus on the agreement and recognised the importance of the agreement in providing for the fair treatment of employees in the aged care sector. The Commission approved the agreement, subject to certain minor modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the Ozcare Care and Support Enterprise Agreement 2013, with the minor modifications mentioned above. The agreement now provides a framework for the fair and reasonable treatment of employees in the aged care sector, balancing the needs of both Ozcare and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established