DECISION

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

Aged Care & Housing Group Inc T/A ACH Group
(AG2014/10323)

ACH GROUP & ANMF (AGED CARE) NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 24 DECEMBER 2014

Application for approval of the ACH Group & ANMF (Aged Care) Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ACH Group & ANMF (Aged Care) Nursing Employees 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 Australian Nursing and Midwifery Federation – South Australian Branch, 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.

[3] The application was lodged with formal written undertakings which are appended to the agreement as approved.

[4] I have accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Aged Care & Housing Group Inc, trading as ACH Group, and the Australian Nursing and Midwifery Federation (Aged Care), who applied for the approval of the ACH Group and ANMF (Aged Care) Nursing Employees Enterprise Agreement 2013. The application was heard by the Fair Work Commission, which has the authority to approve, reject, or vary enterprise agreements. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly if it provided fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement was consistent with the relevant provisions of the Fair Work Act. The Commission examined the agreement to ensure it provided for minimum terms and conditions, was free from prohibited content, and complied with procedural requirements. The Commission also considered whether the agreement provided for the fair and reasonable resolution of workplace issues and whether it was consistent with the public interest. Furthermore, the Commission assessed the fairness of the agreement's terms and conditions by considering the balance of rights and obligations between the parties and the impact on employees.

The Fair Work Commission approved the application, finding the agreement met the statutory requirements. The Commission noted that the agreement provided for minimum terms and conditions, did not contain prohibited content, and complied with procedural requirements. It was also found that the agreement provided for the fair and reasonable resolution of workplace issues and was consistent with the public interest. The Commission concluded that the agreement was fair and reasonable in all its terms, taking into account the bargaining positions of the parties and the interests of employees. The Commission found that the agreement provided for a balanced distribution of rights and obligations between the parties and did not undermine the protection afforded to employees by the safety net of minimum terms and conditions.

No further orders were made by the Commission. The ACH Group and ANMF (Aged Care) were directed to lodge the approved agreement with the Commission within 20 business days of the decision. The agreement was approved and will be binding on the parties and their employees from the date of registration.

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