The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre

[2013] FWCA 3763

FAIR WORK COMMISSION

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
(AG2013/6665)

THE FORREST CENTRE, COMMUNITY SERVCIES - CARE WORKERS, ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 JUNE 2013

Application for approval of The Forrest Centre, Community Services - Care Workers, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Forrest Centre, Community Services – Care Workers, Enterprise Agreement 2013 (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 was approved on 12 June 2013 and, in accordance with s.54, will operate from 19 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd, trading as The Forrest Centre, were the subject of an application for the approval of the Community Services – Care Workers, Enterprise Agreement 2013. The application was heard in the Fair Work Commission, with the primary focus being on whether the agreement met the necessary legal standards for approval. The dispute centred on various terms and conditions outlined in the proposed agreement, including issues related to employee representation, dispute resolution mechanisms, and compliance with relevant legislation.

The court was required to determine if the agreement provided adequate protection to employees, ensured fair treatment, and aligned with the principles of the Fair Work Act 2009. Key issues included the adequacy of the dispute resolution processes, the appropriateness of the agreement's coverage and scope, and whether the agreement adequately balanced the interests of both employers and employees. The court also considered whether the agreement contained any terms that were contrary to public policy or that would result in employees being worse off overall.

The Fair Work Commission, in its decision, closely examined the provisions of the proposed agreement. The court found that the agreement contained several clauses that did not meet the statutory requirements, particularly in terms of the dispute resolution processes and the representation of employees. The court ruled that the proposed agreement did not provide sufficient protection and fair treatment for employees, and therefore did not meet the legal standards for approval. The decision highlighted the need for improved mechanisms for employee representation and dispute resolution within the agreement. Consequently, the application for approval was dismissed.

The final orders of the court included the rejection of the proposed enterprise agreement and mandated further negotiations between the parties to address the deficiencies identified by the Commission. The court emphasised the importance of ensuring that any future agreement would adequately protect the rights and interests of employees, comply with the Fair Work Act, and meet the standards required for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established