Warrawee Care Centre Summary

[2013] FWCA 152

FAIR WORK COMMISSION

DECISION

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

Warrawee Care Centre
(AG2012/14339)

WARRAWEE CARE CENTRE ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER MCKENNA	SYDNEY, 8 JANUARY 2013

Application for approval of the Warrawee Care Centre Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Warrawee Care Centre Enterprise Agreement 2012 (“the Agreement”). The application has been made by Warrawee Care Centre pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I am satisfied that it is fair to extend the period for filing the application. Further, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 29 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Warrawee Care Centre, sought approval of the Warrawee Care Centre Enterprise Agreement 2012. The respondents, Health Services Union of Australia and others, opposed the approval. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The applicants argued that the agreement provided for appropriate terms and conditions of employment, while the respondents contended that the agreement was unfair and did not adequately protect the rights of the employees.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it was fair and reasonable. The Commission considered the process by which the agreement was negotiated, the contents of the agreement, and the views of the respondents. The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable.

The Commission found that the agreement provided for appropriate terms and conditions of employment, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement did not unjustifiably disadvantage any employee or group of employees. The Commission concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the Warrawee Care Centre Enterprise Agreement 2012. The agreement provides for appropriate terms and conditions of employment and is fair and reasonable. The respondents' objections to the agreement were dismissed.

Warrawee Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established