DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Deloraine Inc.
(AG2016/2835)

AGED CARE DELORAINE INC. ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	HOBART, 31 MAY 2016

Application for approval of the Aged Care Deloraine Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Deloraine Inc. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aged Care Deloraine Inc. The Agreement is a single 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] 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 the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Aged Care Deloraine Inc., an employer in the aged care sector, and the Health Services Union, a union representing employees within the industry. The dispute centred around the application for approval of the Aged Care Deloraine Inc. Enterprise Agreement 2015. The matter was brought before the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a genuine enterprise agreement. This included examining if the agreement was made in good faith, whether it provided for a fair and efficient workplace, and if it included the necessary minimum terms and conditions. Additionally, the Commission needed to ensure that the agreement was not prejudicial to the resolution of industrial disputes on terms favourable to employees.

The Commission found that the agreement did comply with the statutory requirements. It was concluded that the agreement was made in good faith and contained terms that were fair and efficient. The agreement was also found to include all the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission determined that the agreement was not prejudicial to the resolution of industrial disputes on terms favourable to employees. Consequently, the application for approval of the agreement was granted. The Fair Work Commission issued orders approving the Aged Care Deloraine Inc. Enterprise Agreement 2015, recognising it as a genuine enterprise agreement that met the legal standards set out in the Fair Work Act 2009.

Aged Care Deloraine Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established