DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aegis Aged Care Staff Pty Ltd T/A Aegis Aged Care Group
(AG2020/3463)

AEGIS EMPLOYEES’ UNION ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 14 DECEMBER 2020

Application for approval of the Aegis Employees’ Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Aegis Employees’ Union Enterprise Agreement 2020 (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/A Aegis Aged Care Group. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Australian Nursing and Midwifery Federation, the Health Services Union of Australia and the United Workers’ 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aegis Aged Care Staff Pty Ltd T/A Aegis Aged Care Group sought approval of an enterprise agreement in the Fair Work Commission. The Aegis Employees’ Union Enterprise Agreement 2020 was the subject of this application, which aimed to establish terms and conditions of employment for staff within the aged care sector. The dispute arose as the company and the union could not reach a consensus on certain provisions within the proposed agreement.

The primary legal issue before the Commission was whether the terms of the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a ‘good faith’ bargain, whether it contained mandatory provisions, and if the agreement was fair and reasonable. The company argued that the agreement was beneficial for its operations and employees, while the union contended that certain provisions did not adequately protect employee rights.

The Commission examined the fairness and reasonableness of the agreement, considering the broader context of the aged care industry and the economic conditions affecting the sector. The Commission noted that the agreement included provisions for minimum wages, hours of work, and various employment benefits. It also addressed dispute resolution mechanisms and flexibility measures. Ultimately, the Commission found that the agreement was a genuine attempt to reach a compromise between the parties and that it contained provisions that were fair and reasonable, despite some concerns raised by the union. The Commission approved the agreement, acknowledging the difficult negotiations and the need for a balance between the interests of both parties.

The Fair Work Commission approved the Aegis Employees’ Union Enterprise Agreement 2020, effective from the date of the decision. The agreement sets out the terms and conditions of employment for staff within the Aegis Aged Care Group, including provisions for wages, hours of work, and benefits. The decision confirms the agreement as a bona fide attempt to reach a compromise and a fair and reasonable outcome for both the company and its employees.

Aegis Aged Care Staff Pty Ltd T/A Aegis Aged Care Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established