Sisters of St Joseph Health Care Services Vic T/A Mary MacKillop Aged Care

[2014] FWCA 6248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sisters of St Joseph Health Care Services Vic T/A Mary MacKillop Aged Care
(AG2014/8864)

SISTERS OF ST JOSEPH HEALTH CARE SERVICES (VIC) (TRADING AS MARY MACKILLOP AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the Sisters of St Joseph Health Care Services (Vic) (trading as Mary MacKillop Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sisters of St Joseph Health Care Services (Vic) (trading as Mary MacKillop Aged Care), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Sisters of St Joseph Health Care Services Vic trading as Mary MacKillop Aged Care. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 16 September 2014. The nominal expiry date of the Agreement is 31 May 2017.

[4]
The Australian Nursing and Midwifery 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sisters of St Joseph Health Care Services Vic T/A Mary MacKillop Aged Care, sought approval of the Enterprise Agreement 2014 with the Australian Nursing and Midwifery Federation and Health Services Union. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been made in accordance with the procedures outlined in the Act, and whether it provided for the protection of employee rights and interests. The Commission found that the agreement had been made in accordance with the Act, and that it provided for the protection of employee rights and interests. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications related to the provisions for the calculation of penalty rates and the protection of casual employees' rights. The Commission held that the agreement was in the best interests of the employees, and that it provided for fair and reasonable terms and conditions of employment. The Commission made an order approving the Enterprise Agreement 2014, subject to the modifications outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established