Realise Performance Pty Ltd Summary

[2013] FWCA 3228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Realise Performance Pty Ltd
(AG2013/750)

ST BASIL’S HOMES ENTERPRISE AGREEMENT 2013

Aged care industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 22 MAY 2013

Application for approval of the St Basil’s Homes Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Basil’s Homes Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Realise Performance Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation – New South Wales Branch and the Health Services Union – New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 17 May 2013 an undertaking was provided which is annexed to this decision and marked “A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 29 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment “A”

CaseChat Overview and Summary

Realise Performance Pty Ltd was the applicant seeking approval of the St Basil’s Homes Enterprise Agreement 2013. The application was made to the Fair Work Commission. The agreement was intended to regulate the employment terms and conditions of the employees within the St Basil’s Homes organisation. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was genuinely bargained, if it was free from any improper conduct, and if it provided for the proper protection of employees' rights and interests. The applicant needed to demonstrate that the agreement was the product of genuine negotiations between the parties and did not involve any unfair labour practices. Furthermore, the court had to assess whether the agreement contained provisions that were contrary to public policy or the spirit of the Fair Work Act.

In its reasoning, the court considered the evidence provided by the applicant regarding the negotiation process and the contents of the agreement. The court examined whether the agreement was a genuine attempt to reach a consensus between the employer and the employees. It also assessed if the agreement contained any provisions that could be considered detrimental to the employees or contrary to the principles of the Fair Work Act. After careful consideration, the court found that the agreement met all the statutory requirements for approval. The agreement was deemed to be the result of genuine negotiations, free from any improper conduct, and contained provisions that adequately protected the employees' rights.

The final orders of the court were to approve the St Basil’s Homes Enterprise Agreement 2013, recognising it as a valid and enforceable agreement under the Fair Work Act. This decision allowed the agreement to come into effect, governing the employment terms and conditions for the employees within the St Basil’s Homes organisation.

Realise Performance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established