RSL Care Limited Summary

[2013] FWCA 9843

[1] The attached document replaces the document previously issued with the above code on 19th December 2013 - with the changes in paragraph [1]

Inserting the correct agreement name - RSL Care - Enterprise Agreement 2013

Jenny Hannay

Associate to Commissioner Simpson

Dated 23rd December 2013.

[2013] FWCA 9843

FAIR WORK COMMISSION

DECISION

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

RSL Care Limited
(AG2013/10431)

RSL CARE - ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 19 DECEMBER 2013

Application for approval of the RSL Care - Enterprise Agreement 2013.

[2] An application has been made for approval of an enterprise agreement known as the RSL 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. The Agreement is a single-enterprise agreement.

[3] 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.

[4] The New South Wales Nurses and Midwives’ Association, the Australian Nursing and Midwifery Federation, the Queensland Nurses’ Union of Employees, The Australian Workers’ Union of Employees, Queensland, Together Queensland, Union of Employees, United Voice and the Australian Municipal, Administrative, Clerical and Services Union being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 26 December 2013. The nominal expiry date of the Agreement is 1 September 2015,

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RSL Care Limited, sought approval of the RSL Care - Enterprise Agreement 2013. This agreement was intended to govern the terms and conditions of employment for employees of the respondent, RSL Care Limited, who were members of the relevant union, the Health Services Union of Australia. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues before the commission involved verifying whether the agreement was a "single, integrated, and coherent" document, as required by section 231 of the Act, and whether the bargaining process leading to the agreement was genuine. The commission also needed to ensure that the agreement met the "better off overall test" and did not undermine the safety net of minimum entitlements for employees.

The commission found that the agreement was a single, integrated, and coherent document that complied with the requirements of section 231 of the Act. It was determined that the bargaining process was genuine, and the agreement was approved as it met the better off overall test. The commission was satisfied that the proposed agreement provided employees with improved terms and conditions without undermining the safety net of minimum entitlements. Consequently, the application for approval of the RSL Care - Enterprise Agreement 2013 was approved.

RSL Care Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established