Wami Kata Old Folks Home Incorporated

[2014] FWCA 2921

FAIR WORK COMMISSION

DECISION

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

Wami Kata Old Folks Home Incorporated
(AG2014/5835)

WAMI KATA OLD FOLKS HOME AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 6 MAY 2014

Application for approval of the Wami Kata Old Folks Home Aged Care Sector Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wami Kata Old Folks Home Aged Care Sector Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wami Kata Old Folks Home Incorporated. The Agreement is a single-enterprise agreement.

[2] 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.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wami Kata Old Folks Home Incorporated, an entity that provides aged care services, applied to the Fair Work Commission for the approval of the Wami Kata Old Folks Home Aged Care Sector Employees Enterprise Agreement 2014. The dispute involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues at hand were whether the agreement contained all the mandated minimum terms and conditions, and if it was fair and reasonable in the context of the enterprise.

The Fair Work Commission examined whether the agreement addressed all required minimum terms and conditions set forth in the Fair Work Act, and if it included provisions that were not less favourable than the applicable awards or safety net award. The commission also evaluated whether the agreement was fair and reasonable, taking into account the needs of the enterprise, the interests of employees, and the broader community. In reviewing the agreement, the commission considered the evidence presented by the applicant and the objections raised by other parties.

After thorough consideration, the Fair Work Commission concluded that the Wami Kata Old Folks Home Aged Care Sector Employees Enterprise Agreement 2014 was fair and reasonable and contained all the necessary minimum terms and conditions. The commission found that the agreement did not include any provisions that were less favourable than the applicable awards or safety net award, and that it met the requirements for approval under the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Wami Kata Old Folks Home Aged Care Sector Employees Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the employees within the specified enterprise, providing a framework for fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established