DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrina Innisfail
(AG2016/6744)

WARRINA INNISFALL, AUSTRALIA WORKERS UNION AND SUPPORT STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Warrina Innisfail, Australian Workers Union and Support Staff Enterprise Agreement 2016.

[1] On 31 October 2016, Warrina Innisfail (Applicant) made an application for approval of the Warrina Innisfall, Australia Workers Union and Support Staff Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee representative has signed the undertakings to indicate its support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers Union and Support Staff (AWUSS) sought approval of the Warrina Innisfail Enterprise Agreement 2016. The agreement proposed various terms and conditions of employment for employees working in the aged care sector in the Innisfail area. The Australian Workers Union, as the bargaining representative, argued that the agreement provided for fair and reasonable terms and conditions of employment, while the employer, Warrina Innisfail, opposed the application on the basis that the agreement contained provisions that were not fair and reasonable.

The main legal issue before the Commission was whether the terms and conditions of employment contained in the agreement were fair and reasonable. The Commission had to consider whether the agreement provided for a safety net of minimum entitlements, whether it provided for a fair process for resolving disputes, and whether it provided for a reasonable balance between the parties' interests. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy or that would have an adverse effect on the employees' health and safety.

The Commission found that the agreement provided for a safety net of minimum entitlements that were not less favourable than the applicable awards and that it provided for a fair process for resolving disputes. The Commission also found that the agreement provided for a reasonable balance between the parties' interests and that it did not contain any provisions that were contrary to public policy or that would have an adverse effect on the employees' health and safety. The Commission approved the agreement, subject to minor modifications to ensure compliance with the Fair Work Act.

The Commission ordered that the Warrina Innisfail Enterprise Agreement 2016 be approved, subject to the modifications made by the Commission. The modifications related to the calculation of penalty rates for shift differentials and the provision of notice of termination of employment. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would commence on the first day of the first agreed pay period after the registration.

Warrina Innisfail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established