DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care & Housing Group Inc T/A ACH Group
(AG2018/668)

ACH GROUP NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 6 APRIL 2018

Application for approval of the ACH Group Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ACH Group Nursing Employees Enterprise Agreement 2017 (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 & Housing Group Inc T/A ACH Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Aged Care & Housing Group Inc trading as ACH Group, the Federal Court was called upon to determine whether the application for approval of the ACH Group Nursing Employees Enterprise Agreement 2017 should be approved. The application was made under the Fair Work Act 2009, and the primary parties involved were the Aged Care & Housing Group Inc and the registered nursing union representing the employees. The union had raised concerns regarding the terms of the proposed agreement, necessitating judicial scrutiny.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly whether it provided fair and reasonable terms and conditions for the nursing employees. This included an examination of whether the agreement adequately addressed issues such as wages, working conditions, dispute resolution mechanisms, and other relevant provisions that needed to be considered for the approval process. The court also had to consider whether the agreement complied with the "better-off-overall test" which ensures that employees are not worse off under the new agreement than they were under the previous one.

The court meticulously reviewed the proposed agreement, considering submissions from both parties. It found that the agreement was fair and reasonable, meeting all statutory requirements. The court was satisfied that the agreement provided for adequate wages and conditions, included robust dispute resolution mechanisms, and complied with the "better-off-overall test". Consequently, the court approved the application for the agreement's registration.

The final orders of the court were to approve the ACH Group Nursing Employees Enterprise Agreement 2017, thereby ensuring its registration and implementation under the Fair Work Act. The court's decision provided clarity and legal certainty regarding the terms and conditions of employment for the nursing staff within the Aged Care & Housing Group Inc.

Aged Care & Housing Group Inc T/A ACH Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established