The Catholic Diocese of Port Pirie Incorporated T/A Star of the Sea Home for the Aged

[2013] FWCA 10018

FAIR WORK COMMISSION

DECISION

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

The Catholic Diocese of Port Pirie Incorporated T/A Star of the Sea Home for the Aged
(AG2013/11954)

STAR OF THE SEA HOME FOR THE AGED - AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 19 DECEMBER 2013

Application for approval of the Star of the Sea Home for the Aged - Aged Care Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Star of the Sea Home for the Aged - Aged Care Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Catholic Diocese of Port Pirie Incorporated T/A Star of the Sea Home for the Aged. 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] United Voice, 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 the organisation.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Diocese of Port Pirie Incorporated T/A Star of the Sea Home for the Aged applied to the Fair Work Commission for approval of the Aged Care Employees Enterprise Agreement 2013. The application was opposed by the Aged Care Union of Employees. The Fair Work Commission was required to determine whether the application met the criteria for approval as prescribed by the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and whether it was in the public interest to approve the agreement. The Commission examined whether the agreement was negotiated in good faith, and whether it contained provisions that were contrary to public policy or had a detrimental effect on the safety and health of employees.

The Commission found that the application met the procedural requirements of the Act and that the agreement was negotiated in good faith. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or detrimental to the safety and health of employees. The Commission approved the application, stating that it was in the public interest to do so.

The Commission made an order approving the Aged Care Employees Enterprise Agreement 2013 as an enterprise agreement under the Fair Work Act 2009. The order was made on the basis that the agreement met the criteria for approval as set out in the Act, and that it was in the public interest to approve the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established