Stretton Park

[2013] FWCA 9309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stretton Park
(AG2013/9960)

STRETTON PARK HEALTH AND ALLIED ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 26 NOVEMBER 2013

Application for approval of the Stretton Park Health and Allied Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stretton Park Health and Allied Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stretton Park. 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 Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives 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 the organisations.

[4] The Agreement was approved in Chambers on 26 November 2013 and, in accordance with s.54 of the Act, will operate from 3 December 2013. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the applicant, Stretton Park, to have the Stretton Park Health and Allied Enterprise Agreement 2013 approved as a low paid industry safety net agreement. Stretton Park, a provider of aged care services, sought to have the agreement approved to set minimum wages and conditions for its employees in the health and allied services sector. The Fair Work Commission was tasked with determining whether the agreement met the criteria for low paid industry safety net status under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act, particularly sections 235 and 235A, which establish the framework for low paid industry safety net agreements. Specifically, the Commission had to assess whether the agreement satisfied the criteria for being a genuine agreement, whether it met the low paid threshold, and if the terms provided an adequate safety net for employees. Furthermore, the Commission considered whether the agreement had been made in good faith and whether it included provisions for dispute resolution.

The Fair Work Commission found that the Stretton Park Health and Allied Enterprise Agreement 2013 was consistent with the requirements of the Fair Work Act. The agreement was deemed to be a genuine enterprise agreement, made in good faith, and it provided an adequate safety net for employees in the low paid sector. The Commission confirmed that the terms of the agreement met the low paid threshold and were consistent with the objectives of the Fair Work Act. Accordingly, the Commission approved the agreement as a low paid industry safety net agreement. This decision ensures that employees within the health and allied services sector at Stretton Park receive fair wages and conditions, aligning with the legislative intent of providing a safety net for low paid workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established