DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd t/a The Forrest Centre
(AG2016/4462)

THE FORREST CENTRE, COMMUNITY SERVICES, CASE WORKERS ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 1 SEPTEMBER 2016

Application for approval of The Forrest Centre, Community Services, Case Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Forrest Centre, Community Services, Case Workers Enterprise 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 Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd t/a The Forrest Centre.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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by The Ethel Forrest Day Care Centre Pty Ltd t/a The Forrest Centre, trading as The Forrest Centre, seeking approval of the Community Services, Case Workers Enterprise Agreement 2016. This agreement was negotiated between the applicant and the Australian Services Union (ASU) and was to apply to employees of The Forrest Centre and The Mary Potter Nursing Home. The application was made to the Fair Work Commission under section 232 of the Fair Work Act 2009. The primary issue before the Court was whether the agreement complied with the requirements of the Fair Work Act and whether it was in the interests of the employees and the employer. Specifically, the Court had to consider whether the agreement provided for a fair and equitable outcome for both parties and whether it adhered to the principles of good faith bargaining and good faith negotiations.

The Court examined the negotiation process and the content of the agreement. It noted that the negotiations were conducted in good faith and that the agreement provided for fair terms and conditions of employment. The Court found that the agreement was consistent with the principles of the Fair Work Act and that it provided for a fair and reasonable outcome for both the employees and the employer. The Court also noted that the agreement provided for a transparent and accountable process for resolving disputes and grievances. The Court was satisfied that the agreement was in the best interests of the employees and the employer and approved the application.

The Fair Work Commission approved the application and the Community Services, Case Workers Enterprise Agreement 2016. The Court found that the agreement was in the best interests of both the employees and the employer and that it provided for a fair and reasonable outcome. The Court also noted that the agreement provided for a transparent and accountable process for resolving disputes and grievances. The Court approved the application and the agreement was registered with the Fair Work Commission.

The final orders of the Court were that the application be approved and that the Community Services, Case Workers Enterprise Agreement 2016 be registered with the Fair Work Commission. The Court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties. The Court further ordered that the agreement be brought into effect on the date of the orders.

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd t/a The Forrest Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established