DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care & Housing Group Inc t/a ACH Group
(AG2016/692)

ACH GROUP & ASU HEALTH & COMMUNITY SERVICE DELIVERY AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 APRIL 2016

Application for approval of the ACH Group & ASU Health & Community Service Delivery and Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACH Group & ASU Health & Community Services Delivery and Support 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 by Aged Care & Housing Group Inc t/a ACH Group.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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2016. The nominal expiry date of the Agreement is 22 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Aged Care & Housing Group Inc, trading as ACH Group, and ASU Health & Community Service. The matter was heard in the Fair Work Commission, where the parties sought approval for the ACH Group & ASU Health & Community Service Delivery and Support Services Enterprise Agreement 2015. The agreement in question was intended to govern the employment conditions of workers within the aged care and community service sectors.

The legal issues before the Commission centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for procedural fairness, provided for minimum entitlements, and was made in good faith. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns regarding the agreement's provisions and the process through which it was negotiated.

In delivering its decision, the Fair Work Commission considered the submissions made by both parties, along with the evidence provided. The Commission found that the agreement substantially complied with the requirements of the Fair Work Act. It determined that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission also concluded that the agreement met the minimum entitlements set out in the relevant awards and that the process through which the agreement was negotiated was fair and reasonable. Consequently, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the ACH Group & ASU Health & Community Service Delivery and Support Services Enterprise Agreement 2015, finding that it met the legal requirements for procedural fairness, provided for minimum entitlements, and was made in good faith.

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