DECISION

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

Wheatfields Incorporated
(AG2015/5)

WHEATFIELDS INC AGED CARE SECTOR EMPLOYEES & UNITED VOICE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 21 JANUARY 2015

Application for approval of the Wheatfields Inc Aged Care Sector Employees & United Voice Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wheatfields Inc Aged Care Sector Employees & United Voice Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wheatfields 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] The United Voice – South Australian Branch, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wheatfields Incorporated applied for approval of the Wheatfields Inc Aged Care Sector Employees & United Voice Enterprise Agreement 2014 before the Fair Work Commission. The applicant, a provider of aged care services, sought to have the enterprise agreement registered by the Commission as a certified agreement under the Fair Work Act 2009. The dispute involved the terms of the agreement, which governed the employment conditions of the employees within the aged care sector.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement complied with the procedural requirements for bargaining and whether it contained all the mandatory terms prescribed by the Act. Furthermore, the Commission needed to assess whether the agreement was in the best interests of the employees it covered.

The Commission found that the enterprise agreement satisfied the procedural requirements for approval, as it had been negotiated in good faith and with proper consultation. Additionally, the agreement included all the mandatory terms specified in the Fair Work Act, such as minimum wage rates, leave entitlements, and other conditions of employment. The Commission concluded that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of conditions that met their needs and reflected their circumstances. Therefore, the Commission approved the enterprise agreement, and it was registered as a certified agreement under the Fair Work Act.

Wheatfields Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established