DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Group Pty Ltd
(AG2015/4066)

AGED CARE GROUP PTY LTD HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 29 JULY 2015

Application for approval of the Aged Care Group Pty Ltd Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Group Pty Ltd Health and Allied Services 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 Aged Care Group Pty Ltd. 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 (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Applicant, Aged Care Group Pty Ltd, applied to the Fair Work Commission for approval of their Health and Allied Services Enterprise Agreement 2015. The Applicant argued the agreement met the criteria set out in the Fair Work Act 2009. The dispute centred around whether the agreement complied with the Act, particularly regarding minimum pay rates, penalty rates, and notice periods.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions, including minimum pay rates, penalty rates, and notice periods. Additionally, the court had to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act 2009. The Applicant argued that the agreement was the product of genuine collective bargaining and met the requirements of the Act.

The court found that the agreement was the result of genuine collective bargaining and complied with the Fair Work Act 2009. The court considered the agreement to be fair and reasonable, with provisions for minimum pay rates, penalty rates, and notice periods that met the criteria set out in the Act. The court also found that the agreement complied with the procedural requirements of the Act, including the requirement for a majority of employees to vote in favour of the agreement. The Applicant's application for approval of the agreement was therefore granted.

The court ordered that the Health and Allied Services Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements, and the approval was to be effective from the date of the registration. The court also ordered that the Applicant provide a copy of the registered agreement to the Fair Work Ombudsman within five business days of the registration.

Aged Care Group 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