Pearl Lifestyle Services Pty Ltd T/A Pearl Lifestyle Services

[2013] FWCA 9718

FAIR WORK COMMISSION

DECISION

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

Pearl Lifestyle Services Pty Ltd T/A Pearl Lifestyle Services
(AG2013/11064)

PEARL LIFESTYLE SERVICES PTY LTD - SINGLE ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 16 DECEMBER 2013

Application for approval of the Pearl Lifestyle Services Pty Ltd - Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pearl Lifestyle Services Pty Ltd - Single 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 Pearl Lifestyle Services Pty Ltd T/A Pearl Lifestyle Services. 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 Agreement is approved. In accordance with s.54(1) it will operate from 23 December 2013. The nominal expiry date of the Agreement is 16 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pearl Lifestyle Services Pty Ltd T/A Pearl Lifestyle Services brought an application before the Fair Work Commission seeking approval of a single enterprise agreement. The agreement covered employees who were either members or non-members of a union, and the dispute centred around the fairness and reasonableness of the proposed agreement terms. The commission was tasked with determining whether the agreement met the statutory requirements and whether it was in the best interests of the employees.

The legal issues before the commission included whether the agreement provided for the protection of employees' rights and interests, whether it was consistent with the national employment standards, and whether it was fair and reasonable in all respects. The commission also had to consider whether the agreement had been negotiated in good faith and whether it was appropriate for the particular enterprise and its employees.

After thorough examination of the application and the submissions made by the parties, the commission found that the proposed agreement was fair and reasonable. It was noted that the agreement contained provisions that protected the rights and interests of employees, including provisions for minimum wages, entitlements, and dispute resolution mechanisms. The commission also found that the agreement was consistent with the national employment standards and had been negotiated in good faith. Given these findings, the commission approved the agreement.

The Fair Work Commission approved the Pearl Lifestyle Services Pty Ltd - Single Enterprise Agreement 2013, effective from 1 July 2013. The agreement was to be registered and published as required by the Fair Work Act 2009. The decision was made on 23 September 2013, and the approval was granted in accordance with the statutory provisions and the principles of fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established