DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SwanCare Group Incorporated
(AG2016/4261)

SWANCARE GROUP INCORPORATED HEALTH SERVICES UNION OF WESTERN AUSTRALIA (HSUWA) ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2016

Application for approval of the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SwanCare Group Incorporated. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Health Services 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SwanCare Group Incorporated, an organisation providing aged care services in Western Australia, applied for approval of the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2016. The dispute arose under the Fair Work Act 2009, specifically in relation to the process for approving enterprise agreements that have been registered but not yet approved. The application was heard by the Fair Work Commission, presided over by Commissioner J. R. Thompson.

The primary legal issue the court had to address was whether the agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement had been fairly negotiated, contained terms and conditions that were reasonable, and whether it complied with the good faith bargaining requirements. The court also needed to determine if the agreement provided for adequate protections for employees, such as minimum wages and conditions, and if it allowed for fair dispute resolution mechanisms.

After reviewing the evidence and submissions from both parties, the court found that the agreement was fairly negotiated and contained terms that were reasonable and in compliance with the Act. The court was satisfied that the agreement provided for adequate protections for employees and included mechanisms for fair dispute resolution. The court noted the comprehensive nature of the agreement and the evidence of good faith bargaining, leading to the conclusion that the agreement met the statutory criteria for approval. Consequently, the court approved the enterprise agreement, allowing it to come into effect from the specified date.

SwanCare Group Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established