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
(AG2016/2653)

THE FORREST CENTRE, COMMUNITY SERVICES - CARE WORKERS, ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 14 APRIL 2016

Application for approval of the Forrest Centre, Community Services - Care Workers, Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Forrest Centre, Community Services – Care 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 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 matter before the court involved The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd, trading as The Forrest Centre, concerning the approval of a 2016 Enterprise Agreement. The dispute centred on the conditions and terms of employment for care workers under the proposed agreement. The case was heard in the Fair Work Commission, an Australian federal statutory authority with jurisdiction over employment disputes and industrial relations matters.

The primary legal issue was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum terms and conditions of employment, ensured fair and reasonable terms, and complied with procedural fairness requirements. The court also needed to assess if the agreement's terms were consistent with the principles of the National Employment Standards and the National Minimum Wage System.

The Fair Work Commission found that the proposed agreement did not meet all the statutory requirements. The court highlighted several deficiencies, including inadequate provisions regarding shift penalties and the calculation of penalty rates. The Commission also noted procedural irregularities in the bargaining process, which undermined the agreement's validity. Consequently, the application for approval of the agreement was dismissed. The Commission directed the parties to address the identified issues and resubmit a revised agreement for consideration.

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