DECISION

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

Warrina Innisfail
(AG2014/10906)

WARRINA INNISFAIL, AUSTRALIAN WORKERS UNION AND SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 19 JANUARY 2015

Application for approval of the Warrina Innisfail, Australian Workers Union and Support Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrina Innisfail, Australian Workers Union and Support Staff 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 Warrina Innisfail. The agreement is a single enterprise agreement.

[2] The Australian Workers’ Union (AWU), 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 this organisation.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Warrina Innisfail, the Australian Workers Union, and the Support Staff Enterprise Agreement 2014. The dispute centred on the application for approval of the named enterprise agreement, and was heard by the Fair Work Commission. The legal issues before the Commission related to whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been fairly negotiated.

The Commission considered the submissions of the parties and relevant evidence, and concluded that the agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum rates of pay, penalty rates, leave entitlements, and dispute resolution. The Commission also found that the agreement had been fairly negotiated, despite some concerns raised by the employer regarding the union's conduct during negotiations.

Based on these findings, the Commission approved the Warrina Innisfail, Australian Workers Union and Support Staff Enterprise Agreement 2014. The agreement now provides the basis for the terms and conditions of employment for the relevant employees, and will remain in effect until it is replaced or terminated in accordance with the Fair Work Act.

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