The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home Summary

[2014] FWCA 1160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home
(AG2013/10491)

THE LAURA JOHNSON HOME ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 17 FEBRUARY 2014

Application for approval of The Laura Johnson Home Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Laura Johnson Home 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 Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 17 December 2013.

[3] I am 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 following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Australian Nursing and Midwifery Federation;

● The Australian Workers’ Union; and

● Queensland Nurses Union of Employees.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home, the Fair Work Commission was asked to consider an application for the approval of the The Laura Johnson Home Enterprise Agreement 2013. The application was brought by the employer, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees at The Laura Johnson Home, specifically those related to wages, working conditions, and other employment-related matters.

The legal issues before the Commission were primarily whether the agreement met the requirements set out in the Fair Work Act 2009 for an enterprise agreement to be approved. This involved examining whether the agreement had been made in accordance with the relevant provisions of the Act, whether it was genuinely an enterprise agreement, and whether it contained the necessary minimum terms and conditions. Additionally, the Commission needed to assess whether the agreement provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement met the necessary requirements for approval. It determined that the agreement had been made in good faith and was genuinely an enterprise agreement. The Commission also found that the agreement contained all the required minimum terms and conditions and provided for appropriate dispute resolution mechanisms. Consequently, the application for approval of the The Laura Johnson Home Enterprise Agreement 2013 was granted, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established