DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care
(AG2017/1331)

BRAEMAR PRESBYTERIAN CARE EMPLOYEES AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 8 MAY 2017

Application for approval of the Braemar Presbyterian Care Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Braemar Presbyterian Care Employees 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 The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and the United Voice 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care, who brought an application for the approval of the Braemar Presbyterian Care Employees Agreement 2016. The application was heard in the Federal Circuit Court of Australia. The dispute centred around the terms and conditions of employment as outlined in the agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The central issue before the court was whether the application for approval of the Employees Agreement was made in good faith and whether the agreement itself was consistent with the provisions of the Fair Work Act. The court had to determine if the agreement met the criteria for an "individual agreement" as defined by the legislation and whether it provided adequate protections for employees.

The court examined the application and the Employees Agreement to assess whether it was genuinely negotiated and agreed upon by the parties involved. It also considered whether the agreement included minimum terms and conditions as required by the Fair Work Act. The court evaluated the evidence presented, including submissions from both the applicant and the registered organisation, to ascertain if the agreement was made in good faith and whether it complied with the statutory requirements. The court's reasoning focused on the procedural correctness of the application process and the substantive compliance of the agreement with the Act. Ultimately, the court found that the application was made in good faith and that the Employees Agreement was consistent with the Fair Work Act. Therefore, the court approved the application for the agreement.

Consequently, the court ordered the approval of the Braemar Presbyterian Care Employees Agreement 2016, subject to the terms and conditions set forth in the agreement. The court's decision was based on the comprehensive compliance of the agreement with the Fair Work Act and the good faith negotiation process evidenced in the application. The approval was granted, allowing the agreement to come into effect as a legally binding instrument governing the employment relationship between Braemar Presbyterian Care and its employees.

The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established