DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Aged Living Ltd
(AG2015/741)

STAR AGED LIVING - RESIDENTIAL NURSES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the Star Aged Living - Residential Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Star Aged Living - Residential Nurses 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 Star Aged Living Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses’ Union (QNU) being a bargaining representative 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Aged Living Ltd was the applicant in this case before the Fair Work Commission, seeking approval of the Star Aged Living – Residential Nurses Enterprise Agreement 2014. The agreement was made between Star Aged Living Ltd and the Health Services Union of Australia. The nature of the dispute was the validity and fairness of the terms contained within the proposed agreement. The court was tasked with ensuring the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement was made in good faith, whether it met the requirements of being a genuine enterprise agreement, and whether it provided for fair and reasonable terms and conditions for employees. Additionally, the court had to consider whether the agreement adequately covered all aspects of employment, including wages, hours of work, and other conditions, and if it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements of a genuine enterprise agreement. The court determined that the terms and conditions within the agreement were fair and reasonable. The agreement covered all necessary aspects of employment and included appropriate dispute resolution processes. Therefore, the court approved the agreement as meeting the legislative requirements and in the best interests of the employees. The final orders included the approval of the Star Aged Living – Residential Nurses Enterprise Agreement 2014.

Star Aged Living Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established