SIAG Pty Ltd

[2013] FWCA 1805

FAIR WORK COMMISSION

DECISION

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

SIAG Pty Ltd
(AG2013/5306)

CARERS VICTORIA AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER MCKENNA	SYDNEY, 22 MARCH 2013

Application for approval of the Carers Victoria Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Carers Victoria Agreement 2013 (“the Agreement”). The application has been made by SIAG Pty Ltd, employer bargaining representative, on behalf of Carers Victoria Incorporated pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. Carers Victoria Incorporated has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view concerning the undertakings. The Australian Municipal, Administrative, Clerical and Services Union - Victorian & Tasmanian Authorities & Services Branch (“ASU”) concurs with the content of the undertakings. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The ASU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of SIAG Pty Ltd, the matter before the court involved an application for the approval of the Carers Victoria Agreement 2013. The applicant, SIAG Pty Ltd, sought to have the agreement approved under the relevant industrial legislation, which governs the terms and conditions of employment for workers in the aged care sector. The application was brought in response to negotiations between the employer and the union representing the employees, aiming to establish a new enterprise agreement that would regulate various aspects of employment, including wages, working conditions, and other terms and conditions.

The legal issues that the court had to address centred around whether the proposed agreement complied with the statutory requirements for approval. This included ensuring that the agreement met the necessary thresholds for employee representation and that it did not disadvantage employees in a manner that contravened the principles of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement contained terms that were lawful and not contrary to public policy, as well as whether it provided for fair and reasonable terms for the employees involved.

The court, after reviewing the submissions and evidence presented by both parties, determined that the Carers Victoria Agreement 2013 was compliant with the statutory requirements. The court found that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms for the employees. The court also concluded that the agreement did not contain any unlawful terms or terms that were contrary to public policy. Based on these findings, the court approved the agreement, enabling it to be implemented as a binding enterprise agreement. The approval facilitated a new framework for the terms and conditions of employment within the organisation, providing clarity and certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established