DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Aged Living Ltd
(AG2015/240)

STAR AGED LIVING RESIDENTIAL SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 13 FEBRUARY 2015

Application for approval of the Star Aged Living Residential Support Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Star Aged Living Residential Support Staff 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] The Australian Workers’ Union 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) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[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 applied to the Fair Work Commission for approval of the Star Aged Living Residential Support Staff Enterprise Agreement 2014. The applicant was a provider of residential aged care services, and the respondents were the relevant employee unions. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission was required to determine whether the agreement contained the necessary provisions for employee protection, and if it complied with the relevant provisions of the Act, including the "better off overall test" which required that employees be no worse off financially under the agreement compared to their previous conditions. The Commission also needed to consider if the agreement was negotiated in good faith and if the application process followed the correct procedures.

The Commission found that the agreement met the necessary requirements for approval. The agreement provided adequate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was negotiated in good faith and that the application process was correctly followed. The Commission also found that employees would be better off overall under the new agreement as it provided for improved conditions and benefits.

Accordingly, the Commission approved the application for the agreement, and it came into effect on 1 July 2014. The approval of the agreement ensures that employees within the residential aged care industry receive fair and reasonable working conditions, which is a crucial aspect of maintaining the quality of care provided to vulnerable individuals.

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