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
(AG2016/2659)

THE FORREST CENTRE GENERAL SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 14 APRIL 2016

Application for approval of The Forrest Centre General Services Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the The Forrest Centre General Services Employees 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union of Australia 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.

[5] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre recently came before the Fair Work Commission, where the central issue was the approval of the proposed enterprise agreement for general services employees. The dispute centred around the terms and conditions outlined in the agreement, specifically whether they complied with the necessary legislative and regulatory frameworks governing such agreements in Australia.

The primary legal issue before the Commission was to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions for employees, and whether it had been fairly negotiated. The Commission also had to consider if the agreement complied with the specific provisions regarding minimum entitlements, including minimum rates of pay, overtime, penalty rates, and other employment conditions.

The Fair Work Commission carefully examined the proposed agreement, taking into account the submissions from both parties and the relevant legal standards. The Commission concluded that the proposed agreement did indeed meet the necessary requirements under the Fair Work Act 2009. It found that the agreement provided for fair and reasonable terms and conditions for the employees, and it had been negotiated fairly. The Commission approved the proposed agreement, highlighting its compliance with all relevant legislative and regulatory requirements.

Following the approval, the Commission made its final orders, confirming the approval of The Forrest Centre General Services Employees Enterprise Agreement 2016. The decision effectively sets the terms and conditions for the employees covered by the agreement, providing them with a legally binding framework for their employment. This decision ensures that the agreement will operate as intended, balancing the interests of both the employees and the employer.

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