The Boneham Cottage Homes Inc Summary

[2013] FWCA 1472

FAIR WORK COMMISSION

DECISION

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

The Boneham Cottage Homes Inc
(AG2013/5264)

BONEHAM COTTAGE HOMES INC AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2012

Aged care industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 MARCH 2013

Application for approval of the Boneham Cottage Homes Inc Aged Care Sector Employees Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boneham Cottage Homes Inc Aged Care Sector Employees Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Boneham Cottage Homes Inc. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2013. The nominal expiry date of the Agreement is 28 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Boneham Cottage Homes Inc, an aged care provider, applied to the Fair Work Commission for approval of the Boneham Cottage Homes Inc Aged Care Sector Employees Enterprise Agreement 2012. The applicants sought to have the agreement registered as a single-enterprise agreement under the Fair Work Act 2009. The dispute involved the application's compliance with the statutory requirements and the fairness of the terms set out within the agreement.

The primary legal issue before the Court was whether the application met the criteria for approval under the Fair Work Act 2009. This required an examination of whether the agreement satisfied the procedural requirements, including the process by which it was negotiated and whether the agreement was appropriately certified by the Australian Building and Construction Commission as a simple, low-risk, and genuine agreement. Additionally, the Court needed to determine if the terms of the agreement were fair and reasonable in all respects.

The Court found that the agreement was appropriately certified and that the process by which it was negotiated was procedurally sound. The terms of the agreement were considered fair and reasonable, taking into account the interests of both the employees and the employer. The Court determined that the application complied with the statutory requirements for approval and granted the application for registration of the agreement.

The Court ordered that the Boneham Cottage Homes Inc Aged Care Sector Employees Enterprise Agreement 2012 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will be recognised as a binding instrument governing the employment conditions of the employees within the specified enterprise.

The Boneham Cottage Homes Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established