Resthaven Incorporated Summary

[2013] FWCA 4466

FAIR WORK COMMISSION

DECISION

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

Resthaven Incorporated
(AG2013/1608)

RESTHAVEN INCORPORATED RESIDENTIAL AGED CARE AND COMMUNITY SERVICES ENTERPRISE AGREEMENT 2013-2016

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 5 JULY 2013

Application for approval of the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016 (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 Australian Nursing Federation and United Voice, 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 the organisations.

[4] The employer submitted proposed written undertakings with the application to clarify the parties’ intentions. The undertakings are appended to the application as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Resthaven Incorporated applied for the approval of the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016. The application was made under section 232 of the Fair Work Act 2009. The applicant, Resthaven, is an aged care provider that operates residential aged care facilities across Australia. The dispute centred on the terms and conditions of employment for Resthaven's employees, specifically those covered by the proposed enterprise agreement.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval as a single, certified, and simplified enterprise agreement. This included ensuring the agreement complied with the Fair Work Act and provided for minimum terms and conditions of employment. The Commission had to determine if the agreement was in the public interest and whether it provided for the fair and reasonable resolution of disputes.

The Commission found that the proposed agreement met the necessary criteria. It provided for a comprehensive set of terms and conditions that covered a broad range of employment issues. The Commission considered that the agreement was in the public interest as it aimed to provide fair and reasonable terms for both employees and employers. The agreement included provisions for dispute resolution that were accessible and effective. The Commission approved the agreement under section 232 of the Act, recognising it as a single, certified, and simplified enterprise agreement.

The final orders of the Commission were that the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016 be approved as a single, certified, and simplified enterprise agreement. This approval meant that the agreement would apply to all employees covered by it, and the terms would be enforceable under the Fair Work Act.

Resthaven Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established