[2013] FWCA 7993 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd
(AG2013/9399)
THE FORREST CENTRE, COMMUNITY SERVICES, CASE WORKERS ENTERPRISE AGREEMENT 2013
Social, community, home care and disability services | |
COMMISSIONER JOHNS | MELBOURNE, 14 OCTOBER 2013 |
Application for approval of The Forrest Centre, Community Services, Case Workers Enterprise Agreement 2013.
[1] On 13 September 2013 an application was made for approval of an enterprise agreement known as The Forrest Centre, Community Services, Case Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd (Applicant). The agreement is a single enterprise agreement.
[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. In the covering email to the application, the Applicant’s representative advised the application was lodged late due to difficulties in obtaining employee representative signatures on the Agreement. The issue was compounded when the Applicant’s representative responsible for lodging the application was absent from work due to illness. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).
[3] The Commission is 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.
[4] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2013. The nominal expiry date of the Agreement is 31 March 2016.
COMMISSIONER
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- AGLC
- The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd [2013] FWCA 7993
- Case
- [2013] FWCA 7993
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred around the provisions of the Fair Work Act 2009, specifically whether the agreement met the criteria for approval under Section 231. This included whether the agreement facilitated the efficient and productive operation of the enterprise and whether it included provisions that ensure fair and reasonable terms of employment for the employees. The Commission also needed to consider whether the agreement allowed for the proper and efficient operation of the enterprise.
The Commission found that the proposed agreement met all the statutory requirements for approval. The agreement facilitated the efficient and productive operation of the enterprise, and it included provisions that ensured fair and reasonable terms of employment for the employees. The Commission was satisfied that the agreement provided for the proper and efficient operation of the enterprise, and therefore, the application was approved. The decision was made on the basis that the agreement was beneficial for both the employer and the employees, promoting a productive and harmonious workplace.
The final orders of the Commission were that the Community Services, Case Workers Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This approval was subject to the conditions and limitations specified in the agreement and as required by the Act. The Commission further ordered that the agreement be registered and published on the Fair Work Commission's website.
Orders
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Background
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