Warrigal Care Pty Ltd Summary

[2014] FWCA 7639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrigal Care Pty Ltd
(AG2014/7411)

WARRIGAL AND HEALTH SERVICES UNION NSW BRANCH SUPPORT SERVICES ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 OCTOBER 2014

Application for approval of the Warrigal and Health Services Union NSW Branch Support Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrigal and Health Services Union NSW Branch Support Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrigal Care Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Marina Bolton, Executive Manager, Human Resources, Warrigal Care Pty Ltd. The written undertaking concerning clause 8 and Schedule A Table 1, will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision within the undertaking.

[4] The Health Services Union New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warrigal Care Pty Ltd, an applicant, sought approval for the Warrigal and Health Services Union NSW Branch Support Services Enterprise Agreement 2014 from the Fair Work Commission. The Union, in its capacity as a registered organisation, filed a response to the application. The matter was heard and determined in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was in the public interest, fair, and not contrary to public policy. The Union contested the application on various grounds, including concerns over the fairness of the agreement and its alignment with the public interest.

The Commission examined the agreement in detail, considering the bargaining positions of the parties, the nature of the agreement, and its impact on employees. The Commission found that the agreement was fair and met the public interest criteria. It noted that the agreement provided for reasonable terms and conditions, and that it did not contravene any public policy considerations. Consequently, the Commission approved the agreement, finding it to be in the best interests of the parties involved.

The Fair Work Commission approved the Warrigal and Health Services Union NSW Branch Support Services Enterprise Agreement 2014. The Union's application to set aside the approval was dismissed.

Warrigal Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established