Resthaven Incorporated

[2014] FWCA 3665

FAIR WORK COMMISSION

DECISION

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

Resthaven Incorporated
(AG2014/1191)

RESTHAVEN INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 2 JUNE 2014

Application for approval of the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Resthaven Incorporated. 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 Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resthaven Incorporated, an entity providing aged care services, sought approval of the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with examining the application and determining whether the agreement met the statutory requirements for approval. The applicant argued that the agreement was fair and reasonable, while a union representing some of the employees challenged the fairness and reasonableness of certain provisions.

The legal issues before the Commission included whether the agreement contained appropriate dispute resolution procedures, if the terms and conditions were fair and reasonable, and whether the agreement complied with the statutory requirements for approval. The Commission examined the provisions of the Fair Work Act 2009, focusing on the criteria for approval of an enterprise agreement and the principles of procedural fairness.

The Commission concluded that the agreement contained appropriate dispute resolution procedures and that the terms and conditions were fair and reasonable. The Commission found that the agreement complied with the statutory requirements for approval, noting that the agreement had been negotiated in good faith and that the process was procedurally fair. The application for approval was therefore granted.

The Commission approved the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2014, effective from 1 April 2014. The decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and that the process is procedurally fair. The Commission's decision provides guidance for future enterprise agreements in the aged care sector and may be relevant to other industries where similar agreements are negotiated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established