Sundale Limited Summary

[2014] FWCA 2697

FAIR WORK COMMISSION

DECISION

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

Sundale Limited
(AG2014/679)

SUNDALE LIMITED ENTERPRISE AGREEMENT 2013 - 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 22 MAY 2014

Application for approval of the Sundale Limited Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sundale Limited Enterprise Agreement 2013 - 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sundale Limited. The Agreement is a single enterprise agreement.

[2] On 24 April 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[4] The Australian Workers’ Union, United Voice and the Queensland Nurses’ Union of Employees, 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 these organisations.

[5] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sundale Limited sought approval of an enterprise agreement that was negotiated between the company and its employees. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was genuinely negotiated, if it was fair and reasonable, and whether it complied with the procedural requirements of the Act. The Commission examined the evidence presented and concluded that the agreement was genuinely negotiated, contained fair and reasonable terms, and was properly executed. The Commission approved the enterprise agreement, finding that it met all the statutory criteria. As a result, the agreement became legally binding on the parties from the date of the decision.

Sundale Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established