Wickro Pty Ltd

[2014] FWCA 3573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wickro Pty Ltd
(AG2014/5681)

HOMESTYLE AGED CARE SERVICES, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 28 MAY 2014

Application for approval of the Homestyle Aged Care Services, ANMF and HSU Enterprise Agreement 2014.

[1] On 11 April 2014 Wickro Pty Ltd made an application for approval of the Homestyle Aged Care Services, ANMF and HSU Enterprise Agreement 2014 (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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 19 May Mr Michael Rahilly advised that the Agreement was lodged late due an unusually large number of agreements coming due for processing in a very short time frame. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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 Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 June 2014. The nominal expiry date of the Agreement is 31 May 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Wickro Pty Ltd involved an application by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) for the approval of the Homestyle Aged Care Services Enterprise Agreement 2014. The application was brought under section 235 of the Fair Work Act 2009, and the dispute arose due to disagreements regarding the terms and conditions of the proposed enterprise agreement for employees in the aged care sector.

The court was required to determine whether the proposed agreement met the criteria for registration as a registered agreement under the Fair Work Act. Specifically, the court needed to assess whether the agreement was in the best interests of the employees covered by it, whether it provided for a fair and efficient system of determining wages and other conditions of employment, and whether it contained a good faith bargaining certificate. Additionally, the court had to consider any objections raised by interested parties and assess the procedural fairness of the bargaining process.

The court found that the proposed enterprise agreement did meet the criteria for approval. The agreement was deemed to be in the best interests of the employees, providing for a fair and efficient system of determining wages and other conditions of employment. The court also found that the good faith bargaining certificate was valid and that the procedural fairness of the bargaining process was not compromised. Consequently, the court approved the registration of the Homestyle Aged Care Services Enterprise Agreement 2014.

The final orders of the court were that the proposed enterprise agreement be registered under section 176 of the Fair Work Act, and that the registration be published in accordance with section 235(4) of the Act. The agreement would then be binding on the parties and their employees, providing a framework for the terms and conditions of employment in the aged care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established