[2013] FWCA 6823
The attached document has had the spelling corrected in the title.
Jenny Hannay
Associate to Commissioner Simpson
Dated 11 September 2013.
[2013] FWCA 6823 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
THE CORPORATION OF ST PAUL DE CHARTRES RESIDENTIAL AGED CARE T/A ST PAUL DE CHARTRES RESIDENTIAL AGED CARE
(AG2013/2746)
ST PAUL DE CHARTRES SUPPORT STAFF ENTERPRISE AGREEMENT 2013
Aged care industry | |
COMMISSIONER SIMPSON | BRISBANE, 11 SEPTEMBER 2013 |
Application for approval of the St Paul de Chartres Support Staff Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the St Paul de Chartres Support Staff Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Corporation of St Paul De Chartres Residential Aged Care T/A St Paul De Chartres Residential Aged Care who was represented by Miles Witt Partnership. 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.
[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 this organisation.
[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 September 2013. The nominal expiry date of the agreement is 30 June 2016.
COMMISSIONER
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- AGLC
- THE CORPORATION OF ST PAUL DE CHARTRES RESIDENTIAL AGED CARE T/A ST PAUL DE CHARTRES RESIDENTIAL AGED CARE [2013] FWCA 6823
- Case
- [2013] FWCA 6823
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Act, including the provision for genuine bargaining and whether the agreement was in the best interests of the employees. Additionally, the Commission had to determine if the agreement provided for adequate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The corporation argued that the agreement was the result of genuine negotiations and was in the best interests of the employees, while no other parties contested the application.
The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed agreement was the product of genuine bargaining efforts and was in the best interests of the employees. The Commission considered the agreement to provide adequate protections for the support staff, including compliance with the relevant minimum wage rates and leave entitlements. The Commission was also satisfied that the agreement was fair and reasonable in all its terms, thus meeting the legislative requirements. Consequently, the Commission approved the enterprise agreement.
The final orders of the Commission were that the St Paul de Chartres Support Staff Enterprise Agreement 2013 be approved, effective from the date of the decision. The corporation is required to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure compliance with its terms. This decision provides clarity for both the corporation and its support staff regarding the terms of their employment moving forward.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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