Wonthaggi & District Elderly Citizens Homes Inc. T/A Rose Lodge

[2014] FWCA 4257

FAIR WORK COMMISSION

DECISION

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

Wonthaggi & District Elderly Citizens Homes Inc. T/A Rose Lodge
(AG2014/6119)

WONTHAGGI AND DISTRICT ELDERLY CITIZENS HOMES INC. (TRADING AS ROSE LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2014

Application for approval of the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge), ANMF and HSU Enterprise Agreement 2013.

[1] On 20 May 2014 Wonthaggi & District Elderly Citizens Homes Inc. T/A Rose Lodge (Applicant) made an application for approval of the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge), ANMF and HSU Enterprise Agreement 2013 (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 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 of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want to be covered by the Agreement. 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 July 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 matter of the Fair Work Act 2009, the Fair Work Commission presided over an application by the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge) for the approval of the ANMF and HSU Enterprise Agreement 2013. The dispute arose as the applicant sought to finalise the terms of employment for their staff, which had been negotiated between the union representatives and the employer.

The legal issues before the Commission centred on whether the terms of the agreement complied with the statutory requirements set forth in the Fair Work Act, particularly regarding the processes for negotiation and the provisions for minimum employment standards. The applicant argued that the agreement fairly represented the needs of the employees and provided appropriate terms for their work within the aged care sector. The Commission had to determine if the agreement met the criteria for approval under the Act, including whether the agreement was negotiated in good faith and was fair and reasonable.

After considering the evidence and submissions from both parties, the Commission found that the agreement was negotiated in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement provided for a structured wage progression and included provisions for additional leave and other benefits that were appropriate to the nature of the work in the aged care industry. The Commission determined that the agreement met all the necessary criteria for approval and did not contain any terms that would be contrary to public policy or result in an unfair detriment to the employees. Consequently, the Fair Work Commission approved the agreement, confirming its validity and enforceability under the Act.

The final orders of the Commission were that the ANMF and HSU Enterprise Agreement 2013, as presented by the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge), was approved and would be registered with the Fair Work Commission. This decision provided clarity and legal certainty regarding the terms of employment for the staff within the organisation, allowing for a stable and fair working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established