Prom Country Aged Care Incorporated Summary

[2014] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prom Country Aged Care Incorporated
(AG2014/6159)

APPLICATION FOR APPROVAL OF THE PROM COUNTRY AGED CARE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 JUNE 2014

Application for approval of the Prom Country Aged Care Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 23 May 2014 Prom Country Aged Care Incorporated (Applicant) made an application for approval of the Prom Country Aged Care Inc., ANMF and HSU Enterprise 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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 10 June 2014 Mr M Rahilly for the Applicant advised that the Agreement was lodged late due to the need to obtain instructions and clarification as to some of the questions on Form F17 and in obtaining signatures for the agreement and declaration. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[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 of Australia, 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 19 June 2014. The nominal expiry date of the Agreement is 1 August 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prom Country Aged Care Incorporated applied to the Fair Work Commission for the approval of the Prom Country Aged Care Inc., ANMF and HSU Enterprise Agreement 2014. The applicant sought to have the agreement recognised as a safety net compliant agreement, and for it to be registered. The applicant argued that the agreement provided for a minimum wage increase and improved conditions for workers. The Australian Nursing and Midwifery Federation and Health Services Union were the applicant’s employees, and therefore the parties to the agreement. The dispute was heard by Deputy President G Marshall, who was required to consider whether the agreement met the requirements of the Fair Work Act 2009.

The main issue before the court was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was a safety net compliant agreement, and whether it provided for minimum wages and conditions as required by the Act. The applicant argued that the agreement was compliant and provided for the necessary improvements. The Australian Nursing and Midwifery Federation and Health Services Union supported the applicant’s position.

The court considered the provisions of the Fair Work Act 2009, and found that the agreement did indeed meet the requirements of the Act. The agreement provided for a minimum wage increase and improved conditions for workers, which met the safety net provisions of the Act. The court was satisfied that the agreement was compliant and provided for the necessary improvements. The court approved the agreement, and registered it accordingly.

Prom Country Aged Care Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established