DECISION

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

Aged Care & Housing Group Inc T/A ACH Group
(AG2015/32)

ACH GROUP AND HSU PROFESSIONAL THERAPISTS ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 21 JANUARY 2015

Application for approval of the ACH Group and HSU Professional Therapists Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ACH Group and HSU Professional Therapists Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aged Care & Housing Group Inc T/A ACH Group. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 8 January 2015.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 20 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Aged Care & Housing Group Inc T/A ACH Group for the approval of the ACH Group and HSU Professional Therapists Enterprise Agreement 2013. The Health Services Union (HSU) had negotiated the agreement on behalf of its members employed by the ACH Group. The dispute centred around whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the agreement contained all the prescribed terms as outlined in the Fair Work Act, and whether the agreement was free from any unlawful content. The Commission also had to consider whether the agreement was genuinely negotiated and whether the bargaining process complied with the Act. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms for both the employees and the employer.

In its decision, the Commission found that the agreement did contain all the prescribed terms and was free from any unlawful content. The Commission was satisfied that the agreement had been genuinely negotiated and that the bargaining process adhered to the requirements of the Act. The Commission concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the parties and the industry. The application for approval was subsequently granted, and the agreement was registered with the Fair Work Commission.

The Fair Work Commission approved the ACH Group and HSU Professional Therapists Enterprise Agreement 2013 and ordered its registration. This decision ensures that the terms of the agreement will apply to the employees covered by the agreement, providing a framework for their employment conditions.

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