UnitingCare Wesley Adelaide Inc T/A Uniting Communities

[2014] FWCA 2927

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

UnitingCare Wesley Adelaide Inc T/A Uniting Communities
(AG2014/5802)

UNITING COMMUNITIES, UNITED VOICE AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION RESIDENTIAL AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 6 MAY 2014

Application for approval of the Uniting Communities, United Voice and Australian Nursing and Midwifery Federation Residential Aged Care Employees Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 6 May 2014 [[2014] FWCA 2927] is corrected as follows:

1. By deleting the agreement title “Uniting Communities Aged Care Sector Employees Enterprise Agreement 2014” where it appears in the decision and replacing it with “Uniting Communities, United Voice and Australian Nursing and Midwifery Federation Residential Aged Care Employees Enterprise Agreement 2014”.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UnitingCare Wesley Adelaide Inc, trading as Uniting Communities, sought approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission, with the respondent being the United Voice Union of Australia. The dispute centred around the terms and conditions of employment of the applicant's employees, specifically those employed in aged care facilities.

The legal issues before the Commission involved whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections 173, 178, and 185. The Commission had to determine if the agreement met the criteria for approval, including whether it was in the best interests of the employees, if it complied with the relevant provisions of the Act, and if it was made in good faith. Additionally, the Commission needed to consider the submissions made by the respondent regarding the agreement's provisions.

The Fair Work Commission found that the proposed agreement was compliant with the requirements of the Fair Work Act. The Commission concluded that the agreement was made in good faith and that it was in the best interests of the employees. The Commission rejected the respondent's submissions, finding that they did not demonstrate any non-compliance with the Act or any detriment to the employees. The Commission approved the single-enterprise agreement, noting that it provided for fair and reasonable terms and conditions of employment.

No further orders were made by the Commission beyond the approval of the single-enterprise agreement. The agreement was to be registered and would apply to the employees of the applicant from the date of the Commission's decision. The decision highlighted the importance of ensuring that single-enterprise agreements comply with the Fair Work Act and are in the best interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established