The Corporation of the Franciscan Sisters of the Heart of Jesus (Queensland) T/A Francis of Assisi Home Summary

[2013] FWCA 6510

FAIR WORK COMMISSION

DECISION

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

The Corporation of the Franciscan Sisters of the Heart of Jesus (Queensland) T/A Francis of Assisi Home
(AG2013/2364)

FRANCIS OF ASSISI SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 6 SEPTEMBER 2013

Application for approval of the Francis of Assisi Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Francis of Assisi 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 the Franciscan Sisters of the Heart Of Jesus (Queensland). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of The Corporation of the Franciscan Sisters of the Heart of Jesus (Queensland) T/A Francis of Assisi Home, the applicant sought approval for the Francis of Assisi Support Staff Enterprise Agreement 2013. The applicant, the Franciscan Sisters of the Heart of Jesus, approached the Fair Work Commission to have the agreement approved, which had been negotiated with the employees' representatives. The dispute centred on whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act 2009 and whether it complied with the procedural requirements of the Act. This included assessing if the agreement was made in good faith and if it was free from any unlawful content. The court was also required to consider whether the agreement provided for minimum wages and other employment conditions as set out by the relevant industrial instruments.

In delivering the decision, the Fair Work Commission found that the agreement was procedurally sound and was made in good faith. The Commission examined the terms of the agreement and compared them against the minimum standards prescribed by the Fair Work Act 2009. It concluded that the agreement did not fall below the minimum terms and conditions and contained no unlawful provisions. As a result, the Commission approved the Francis of Assisi Support Staff Enterprise Agreement 2013. The court's reasoning was based on a detailed analysis of the agreement's provisions and their alignment with the legislative framework.

The Corporation of the Franciscan Sisters of the Heart of Jesus (Queensland) T/A Francis of Assisi Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established