SIAG Pty Ltd

[2013] FWCA 3956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIAG Pty Ltd
(AG2013/6790)

CALVARY RETIREMENT COMMUNITY CARE SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER DEEGAN	HOBART, 19 JUNE 2013

Application for approval of the Calvary Retirement Community Care Service Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Community Care Service Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SIAG Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

SIAG Pty Ltd applied to the Fair Work Commission for approval of the Calvary Retirement Community Care Service Employees Enterprise Agreement 2013. The application was made under section 233 of the Fair Work Act 2009. The dispute arose due to the Calvary Retirement Community being the employer of the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval as a new agreement under the Act.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set forth in the Fair Work Act and whether the agreement met the substantive requirements of the Act. Specifically, the Commission had to consider whether the agreement provided for the fair and reasonable resolution of workplace issues and whether it contained provisions that were contrary to public policy. Additionally, the Commission examined whether the agreement had been genuinely negotiated and whether the necessary steps were taken to inform employees of the agreement.

The Commission found that the agreement was procedurally sound and had been negotiated in good faith. The substantive provisions of the agreement were also found to be fair and reasonable, providing for the proper resolution of workplace issues without contravening public policy. The Commission approved the agreement, noting that it contained provisions for fair and reasonable workplace practices, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement met all the necessary criteria for approval under the Act.

The Fair Work Commission approved the Calvary Retirement Community Care Service Employees Enterprise Agreement 2013, recognising its compliance with both procedural and substantive requirements of the Fair Work Act. The agreement was deemed to have been genuinely negotiated and provided for the fair and reasonable resolution of workplace issues. The Commission's decision was made under the authority of section 233 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established