DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aegis Aged Care Staff Pty Ltd
(AG2017/2012)

AEGIS EMPLOYEES’ UNION ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 10 JULY 2017

Application for approval of the Aegis Employees’ Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aegis Employees’ Union Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aegis Aged Care Staff Pty Ltd T/As Aegis Aged Care Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The United Voice, Australian Nursing and Midwifery Federation and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aegis Aged Care Staff Pty Ltd sought approval of the Aegis Employees' Union Enterprise Agreement 2017 in the Fair Work Commission. The dispute involved the terms and conditions of employment for staff within Aegis' aged care facilities. The primary contention was whether the proposed enterprise agreement met the legal standards set forth in the Fair Work Act 2009. Specifically, the issues included the adequacy of minimum wages, the fairness of working conditions, and whether the agreement complied with the requirements for good faith bargaining.

The Fair Work Commission assessed the proposed agreement against several statutory criteria, including the "better off overall test" which ensures employees are not disadvantaged by the new agreement. The Commission examined the proposed terms to ensure they provided adequate protections and benefits to employees, and that they were reached through genuine bargaining. In its reasoning, the Commission noted the importance of maintaining a balance between the rights of employers and employees, ensuring that any agreement approved would be fair and reasonable. The Commission concluded that the agreement did meet the statutory requirements and approved the enterprise agreement.

The court's decision was grounded in a detailed analysis of the agreement's provisions, taking into account the specific needs of the aged care sector and the rights of employees. The approval was based on the finding that the agreement provided for fair and reasonable terms and conditions of employment, met the better off overall test, and was the result of genuine bargaining. As a result, the Aegis Employees' Union Enterprise Agreement 2017 was approved. The court ordered that the agreement be registered and that it would come into effect on the date specified within the agreement.

Aegis Aged Care Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established