Sale Elderly Citizens Village Inc. Summary

[2013] FWCA 1787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sale Elderly Citizens Village Inc.
(AG2013/5262)

SALE ELDERLY CITIZENS VILLAGE INC. EMPLOYEE ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER GOOLEY	MELBOURNE, 21 MARCH 2013

Application for approval of the Sale Elderly Citizens Village Inc. Employee Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sale Elderly Citizens Village Inc. Employee Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sale Elderly Citizens Village Inc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing 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.

[6] The Health Services Union, 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.

[7] The Agreement was approved on 19 March 2013 and, in accordance with s.54, will operate from 26 March 2013. The nominal expiry date of the Agreement is 31 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Employee Enterprise Agreement 2012 entered into between the Sale Elderly Citizens Village Inc. and its employees. The application was brought under the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Commission to ensure they meet certain criteria, including procedural fairness, and do not negatively impact employees' conditions. The Commission had to decide whether the agreement met the legal requirements for approval, including whether it was made in good faith and whether it adhered to the procedural fairness standards.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether the procedural fairness requirements were met. Specifically, the Commission examined whether the employer had provided sufficient information and opportunity for employees to discuss and negotiate the terms of the agreement. Additionally, the Commission assessed whether the agreement contained terms that were below the minimum standards prescribed by the National Employment Standards and whether any unfair terms were present.

In its decision, the Commission found that the agreement had been genuinely negotiated and that procedural fairness was observed. The Commission noted that the employer had provided comprehensive information and opportunities for discussion, allowing employees to engage in meaningful negotiations. Regarding the content of the agreement, the Commission determined that it did not include any terms below the minimum standards and that no unfair terms were present. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The Commission's final order was the approval of the Employee Enterprise Agreement 2012 between the Sale Elderly Citizens Village Inc. and its employees, effective from the date of the decision. This approval meant that the terms of the agreement would apply to the employees, provided they met the statutory criteria for enterprise agreements under the Fair Work Act 2009.

Sale Elderly Citizens Village Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established