DECISION

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

The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged
(AG2015/2556)

LOURDES NON CLINICAL ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 8 MAY 2015

Application for approval of the Lourdes Non Clinical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lourdes Non Clinical Enterprise Agreement 2015 (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 Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged. 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 Australian Workers Union, 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 and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged applied to the Fair Work Commission to approve an enterprise agreement. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the Lourdes Non Clinical Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for non-clinical staff at the Lourdes Home for the Aged, a facility managed by the Diocese in Toowoomba.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and the Fair Work Regulations. These requirements included ensuring that the agreement covered all necessary provisions, was free from prohibited content, and was made in good faith. The Commission also had to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the Lourdes Non Clinical Enterprise Agreement 2015 was compliant with the statutory requirements. It was concluded that the agreement was made in good faith, contained all necessary provisions, and was free from prohibited content. Furthermore, the Commission determined that employees would not be worse off financially under the new agreement, thereby satisfying the better off overall test. Consequently, the Commission approved the agreement, and it became legally binding on the parties involved.

The final orders included the approval of the Lourdes Non Clinical Enterprise Agreement 2015, which would govern the employment terms and conditions for non-clinical staff at the Lourdes Home for the Aged. This decision ensured that the agreement would be enforceable and provide a clear framework for the relationship between the employer and the employees.

The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established