DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waikerie Community Senior Citizens Home Inc
(AG2017/3949)

WAIKERIE COMMUNITY SENIOR CITIZENS HOME INC AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JANUARY 2018

Application for approval of the Waikerie Community Senior Citizens Home Inc Aged Care Sector Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Waikerie Community Senior Citizens Home Inc Aged Care Sector Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waikerie Community Senior Citizens Home Inc. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 January 2018 and, in accordance with s.54, will operate from 12 January 2018. The nominal expiry date of the Agreement is 4 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Waikerie Community Senior Citizens Home Inc, a not-for-profit aged care provider, and its employees represented by a union. The dispute centred on the application for the approval of the Waikerie Community Senior Citizens Home Inc Aged Care Sector Employees Enterprise Agreement 2017, which was to be assessed under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the interests of the employees. This involved examining whether the agreement met the criteria for being "registered" under the Act, including whether it provided for the resolution of disputes, contained minimum terms and conditions of employment, and was fair and reasonable. The court also had to consider whether the agreement was genuinely negotiated and if it was appropriate for the employees' needs and the operational context of the organisation.

The Fair Work Commission found that the agreement was compliant with the requirements of the Fair Work Act. The Commission noted that the agreement had been genuinely negotiated between the parties and contained provisions for the resolution of disputes, as well as minimum terms and conditions of employment. The Commission also found that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the organisation. As such, the Commission approved the agreement.

The Fair Work Commission approved the Waikerie Community Senior Citizens Home Inc Aged Care Sector Employees Enterprise Agreement 2017, confirming its compliance with the Fair Work Act and its appropriateness for the employees and the organisation. This decision provided clarity and certainty for the parties involved and ensured that the agreement could be implemented effectively.

Waikerie Community Senior Citizens Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established