DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal Community Elders Services Incorporated
(AG2019/2285)

ABORIGINAL COMMUNITY ELDERS SERVICES, ANMF AND HWU ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2019

Application for approval of the Aboriginal Community Elders Services, ANMF and HWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Community Elders Services, ANMF and HWU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aboriginal Community Elders Services Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 46.3(a) and 46.5(e) are inconsistent with the National Employment Standards (NES) as the clauses provide restrictions not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 5.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aboriginal Community Elders Services Incorporated sought approval of the Aboriginal Community Elders Services, ANMF and HWU Enterprise Agreement 2019 in the Fair Work Commission. The applicants argued that the proposed agreement would provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement complied with the relevant legislative provisions. The Commission considered the arguments of both parties and examined the terms and conditions of the proposed agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the relevant legislative provisions.

The Commission approved the Aboriginal Community Elders Services, ANMF and HWU Enterprise Agreement 2019. The approval is effective from the date of the decision and will apply to all employees covered by the agreement. The applicants may now implement the agreement, and the employees covered by the agreement will be bound by its terms and conditions.

Aboriginal Community Elders Services Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established