DECISION

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

Royal Freemasons' Benevolent Institution; Concord Community Hostel Limited
(AG2015/4262)

ROYAL FREEMASONS' BENEVOLENT INSTITUTION ENTERPRISE AGREEMENT 2015

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Royal Freemasons’ Benevolent Institution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known the Royal Freemasons’ Benevolent Institution Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made on behalf of The Royal Freemasons’ Benevolent Institution and Concord Community Hostel Limited. The agreement is a multi-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation, the New South Wales Nurses and Midwives’ Association and United Voice, 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) of the Act, I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Royal Freemasons' Benevolent Institution (RFBI) to gain approval for the Enterprise Agreement 2015, which it had entered into with Concord Community Hostel Limited (CCHL). The application was brought under the Fair Work Act 2009, where the Fair Work Commission was asked to determine whether the agreement should be certified as meeting the requirements for direct registration. The nature of the dispute centred on the validity and fairness of the terms stipulated in the Enterprise Agreement, particularly those concerning the terms of employment for the employees of CCHL.

The primary legal issues before the court were whether the Enterprise Agreement was genuinely an enterprise agreement and whether it contained the minimum terms as required by the Fair Work Act 2009. This involved scrutinising the process by which the agreement was made and ensuring that it was not only fairly negotiated but also included all necessary provisions. Additionally, the court had to determine if the agreement appropriately balanced the interests of the employer and the employees, ensuring that it did not disadvantage any party unfairly.

In examining the agreement, the court considered the negotiation process and the content of the agreement. The court found that the agreement was genuinely an enterprise agreement, having been negotiated in good faith and covering the prescribed minimum terms. The agreement was comprehensive and contained provisions that were fair and reasonable, addressing the interests of both the employer and the employees. Consequently, the court ruled that the agreement met the requirements for direct registration and approved it. This decision was based on the evidence provided that the agreement had been negotiated fairly and contained all necessary terms.

The final orders of the court were that the Enterprise Agreement 2015 between the Royal Freemasons' Benevolent Institution and Concord Community Hostel Limited be approved and certified for direct registration. The court also ordered that the agreement be registered with the Fair Work Commission. This approval allowed the agreement to become legally binding and enforceable between the parties.

Royal Freemasons' Benevolent Institution; Concord Community Hostel Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established