Royal Freemasons Ltd Summary

[2013] FWCA 8399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Freemasons Ltd
(AG2013/10920)

ROYAL FREEMASONS LTD RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Royal Freemasons Ltd Residential Aged Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Royal Freemasons Ltd Residential Aged Care Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Freemasons Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Australian Nursing and Midwifery Federation 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Royal Freemasons Ltd, sought approval of the Royal Freemasons Ltd Residential Aged Care Enterprise Agreement 2013. The respondent, Health Services Union of Australia, opposed the approval on several grounds. The primary dispute centred around the classification of certain roles within the enterprise agreement and the implications of these classifications on employee entitlements.

The legal issues before the commission involved the interpretation of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The commission had to determine whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the process for its creation and negotiation. Additionally, the commission needed to address the specific concerns raised by the respondent regarding the classification of roles and associated entitlements.

The commission examined the process by which the agreement was negotiated and whether it adhered to the procedural fairness principles. It assessed the fairness of the terms and conditions outlined in the agreement, focusing on the classification of roles and the entitlements provided. The commission also considered the evidence provided by both parties and evaluated whether the agreement met the criteria for approval under the Fair Work Act. Ultimately, the commission found that the agreement was fair and reasonable and approved it accordingly.

The final orders included the approval of the Royal Freemasons Ltd Residential Aged Care Enterprise Agreement 2013, subject to specific conditions and modifications as outlined in the decision. The agreement was to be registered and would become the applicable enterprise agreement for the specified employees. The commission noted that any disputes arising from the agreement would be subject to the processes outlined within the agreement and the Fair Work Act.

Royal Freemasons Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established