Ringwood Area Lions Aged Care Inc Summary

[2014] FWCA 4262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ringwood Area Lions Aged Care Inc
(AG2014/6256)

RINGWOOD AREA LIONS AGED CARE (RALAC) LIONSBRAE, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2014

Application for approval of the Ringwood Area Lions Aged Care (RALAC) Lionsbrae, ANMF and HSU Enterprise Agreement 2014.

[1] On 30 May 2014 Ringwood Area Lions Aged Care Inc (Applicant) made an application for approval of the Ringwood Area Lions Aged Care (RALAC) Lionsbrae, 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 within 14 days after it was made.

[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] On 19 June 2014 the Applicant’s representative wrote to the Commission advising of typographical errors in the Agreement. The operative dates in Appendix A on pages 82, 83 and 84 of the Agreement filed with the application read “1/11”. The Applicant sought to have the Agreement amended to read “1/07” which is consistent with the rest of the Agreement.

[5] Pursuant to s.586 of the FW Act, the Commission is satisfied the amendments should be made.

[6] The Health Services Union Victorian Branch and Australian Nursing and Midwifery Federation, 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.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 July 2014. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Ringwood Area Lions Aged Care Inc (RALAC) applied to the Fair Work Commission for approval of the RALAC Lionsbrae, Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) Enterprise Agreement 2014. The applicant, RALAC, is an aged care provider. The respondents were the ANMF and the HSU, trade unions representing the employees. The dispute centred on the validity and approval of the terms and conditions outlined in the enterprise agreement. The Fair Work Commission, as the body responsible for approving enterprise agreements under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, free from coercion and contained provisions that were compliant with the Fair Work Act. The Commission examined whether the agreement had been made in good faith, whether it covered all employees within the relevant bargaining unit, and if the agreement contained all the mandatory terms as prescribed by the Act. Additionally, the Commission considered whether the agreement complied with the "better-off-overall test" to ensure that employees would not be worse off financially as a result of the agreement.

In delivering its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and contained all the required mandatory terms. The Commission noted that the agreement covered all employees within the bargaining unit and met the better-off-overall test. The Commission was satisfied that the agreement was free from any form of coercion and that it complied with the statutory requirements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interest of the employees and the employer.

The Fair Work Commission approved the enterprise agreement, ensuring that it would be binding for the specified period and for the defined bargaining unit. This approval provided certainty for both the employer and the employees regarding the terms and conditions of employment moving forward.

Ringwood Area Lions Aged Care Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established