Pakary Pty Ltd T/A Christies Beach Residential Care Services

[2013] FWCA 4172

FAIR WORK COMMISSION

DECISION

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

Pakary Pty Ltd T/A Christies Beach Residential Care Services
(AG2013/1526)

CHRISTIES BEACH RESIDENTIAL CARE SERVICES AND ANF NURSING EMPLOYEES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 26 JUNE 2013

Application for approval of the Christies Beach Residential Care Services and ANF Nursing Employees Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Christies Beach Residential Care Services and ANF Nursing Employees Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pakary Pty Ltd T/A Christies Beach Residential Care Services. 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 Nursing Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2013. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pakary Pty Ltd, trading as Christies Beach Residential Care Services, sought approval of the Christies Beach Residential Care Services and ANF Nursing Employees Enterprise Agreement 2012 from the Fair Work Commission. The applicant argued that the agreement contained terms and conditions of employment that were fair and reasonable. The Australian Nursing and Midwifery Federation opposed the application on behalf of the employees, arguing that the agreement was not fair and reasonable due to certain provisions.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement provided for terms and conditions that were fair and reasonable and whether it complied with the requirements for good faith bargaining and the inclusion of essential terms. The Commission also considered the implications of any terms that might disadvantage employees.

In assessing the agreement, the Commission examined each clause to determine whether it complied with the Act. The Commission considered whether the agreement provided for fair and reasonable terms, taking into account the need for a balance between the interests of the employer and the employees. The Commission also evaluated the bargaining process to ensure it was conducted in good faith and that all essential terms were included. The Commission concluded that, despite some concerns, the agreement largely met the statutory criteria and was fair and reasonable.

The Fair Work Commission approved the Christies Beach Residential Care Services and ANF Nursing Employees Enterprise Agreement 2012, subject to certain modifications to address the concerns raised. The approved agreement will now serve as the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established