Worldco Holdings Pty Ltd; Austco Pty Ltd Summary

[2013] FWCA 3891

FAIR WORK COMMISSION

DECISION

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

Worldco Holdings Pty Ltd; Austco Pty Ltd
(AG2013/1108)

FAIRHAVEN CARE CENTRES EMPLOYEE ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 JUNE 2013

Application for approval of the Fairhaven Care Centres Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fairhaven Care Centres Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Worldco Holdings Pty Ltd and Austco Pty Ltd. The agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 12 June 2013 undertakings were provided by the Employers. Pursuant to s.190 of the Act, I accept the Employers’ undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 June 2013. The nominal expiry date of the Agreement is 25 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Worldco Holdings Pty Ltd and Austco Pty Ltd, sought approval of the Fairhaven Care Centres Employee Enterprise Agreement 2013. The application was before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was in the public interest, provided for procedural fairness, and contained terms and conditions that complied with the Act.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of employees and employers, and if it provided for procedural fairness in its dispute resolution processes. The Commission also had to assess whether the agreement contained terms and conditions that were fair and reasonable in the circumstances. Additionally, the Commission considered whether the agreement was in the public interest, particularly in terms of its impact on the provision of aged care services.

In reaching its decision, the Commission examined the submissions made by the parties and relevant stakeholders, as well as the terms and conditions of the agreement. The Commission found that the agreement provided for procedural fairness in its dispute resolution processes, and that the terms and conditions were fair and reasonable. The Commission also concluded that the agreement was in the public interest, as it provided for a fair and efficient workplace while maintaining the quality of aged care services. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Fairhaven Care Centres Employee Enterprise Agreement 2013, subject to certain conditions. These conditions included the establishment of a committee to review the agreement's effectiveness and make recommendations for improvement, as well as the requirement for the applicants to provide regular reports on the implementation of the agreement. The approval of the agreement was an important step in ensuring fair and reasonable terms and conditions for employees in the aged care sector.

Worldco Holdings Pty Ltd; Austco Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established