DECISION

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

Aged Care Deloraine Inc.
(AG2015/2111)

AGED CARE DELORAINE INC. ENTERPRISE4 AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2015

Application for approval of the Aged Care Deloraine Inc. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Deloraine Inc. Enterprise Agreement 2014 (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] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking 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 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.

[5] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Aged Care Deloraine Inc. involved an application for the approval of the 2014 Enterprise Agreement. The application was made by Aged Care Deloraine Inc., and the parties involved included the company and its employees, who were represented by a union. The dispute centred on whether the proposed agreement met the necessary requirements for approval under the relevant industrial relations legislation. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the 2014 Enterprise Agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009. The Commission needed to determine if the agreement was genuinely a product of bargaining between the parties, was not made under duress, and contained fair and reasonable terms and conditions. Additionally, the Commission had to consider if the agreement met the provisions for 'better off overall' for the employees, as required by the legislation.

The Fair Work Commission found that the proposed agreement was genuinely negotiated between the parties and did not arise from any duress. The terms and conditions were fair and reasonable, and the employees would be better off overall under the new agreement. The Commission was satisfied that the agreement met all the statutory requirements and thus approved it. The Commission emphasised the importance of genuine bargaining and the need for agreements to be fair and reasonable for both parties involved.

The Fair Work Commission approved the Aged Care Deloraine Inc. Enterprise Agreement 2014. The decision underscored the importance of genuine bargaining and the need for agreements to be fair and reasonable for all parties involved. This approval would now govern the employment terms and conditions of the employees within the organisation.

Aged Care Deloraine Inc.

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established