DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Deloraine Inc. T/A Aged Care Deloraine
(AG2018/6498)

AGED CARE DELORAINE INC. ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 MAY 2019

Application for approval of the Aged Care Deloraine Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Deloraine Inc. Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Aged Care Deloraine Inc. T/A Aged Care Deloraine (Employer). 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement lodged contained an administrative error at clause 28(a)(ii). On 8 April 2019, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The 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 seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Aged Care Deloraine Inc. and its employees. The dispute centred around the approval of the Aged Care Deloraine Inc. Enterprise Agreement 2017. The case was heard in the Fair Work Commission of Australia. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement complied with the provisions of the Act, particularly in relation to the coverage of employees, the process of consultation, and the fairness of the terms. Additionally, the Commission needed to assess if the agreement appropriately balanced the interests of both the employer and the employees, particularly in terms of wages and conditions. The Commission also had to ensure that the agreement did not adversely affect the safety and health of employees.

The Commission found that the Aged Care Deloraine Inc. Enterprise Agreement 2017 met the necessary requirements for approval. The agreement was found to be fair and balanced, providing appropriate protection for employees' wages and conditions while also allowing the employer to manage its business effectively. The Commission was satisfied that the consultation process was thorough and that the agreement was made in good faith. As a result, the Commission approved the agreement, ensuring that it would be legally binding for the involved parties.

Aged Care Deloraine Inc. T/A Aged Care Deloraine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established