DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapphire Aged Care Pty Ltd
(AG2015/2574)

SAPPHIRE AGED CARE PTY LTD ENTERPRISE AGREEMENT 2015

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 MAY 2015

Application for approval of the Sapphire Aged Care Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sapphire Aged Care Pty Ltd 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 by Sapphire Aged Care Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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] The Agreement is approved and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

[5] The Australian Nursing & Midwifery Federation and the Health Services Union 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), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sapphire Aged Care Pty Ltd, applied to the Fair Work Commission for the approval of the Sapphire Aged Care Pty Ltd Enterprise Agreement 2015. The respondent, Health Services Union of Australia, represented the employees of Sapphire Aged Care. The dispute centred around whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the provisions governing the classification of employees and the calculation of penalty rates.

The court was required to determine whether the classification of employees under the proposed agreement accurately reflected their roles and responsibilities, and whether the penalties for working on public holidays and weekends were fair and reasonable. Additionally, the court examined whether the agreement provided adequate protection for employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the necessary standards under the Fair Work Act. The classification of employees was deemed accurate and reflective of their roles. The penalties for working on public holidays and weekends were considered fair and reasonable, taking into account the nature of the work and the need for adequate compensation. The court also found that the agreement provided sufficient protection for employees' rights and interests, including appropriate minimum wages, leave entitlements, and dispute resolution mechanisms. As a result, the Fair Work Commission approved the Sapphire Aged Care Pty Ltd Enterprise Agreement 2015.

No further orders were made by the court.

Sapphire Aged Care Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established