DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd
(AG2017/3349)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD SOUTH AUSTRALIAN AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Aged Care Services Australia Group Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Services Australia Group Pty Ltd South Australian Aged Care 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 Services Australia Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and United Voice, 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case are Aged Care Services Australia Group Pty Ltd, an applicant, and various other entities, including the Australian Health Services Union SA Branch, as respondents. The dispute centred around the approval of the Aged Care Services Australia Group Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2017. The case was heard by the Fair Work Commission, an Australian tribunal with jurisdiction over workplace relations matters.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement fairly reflected the bargaining positions of the parties, was free from coercion, and provided for appropriate dispute resolution mechanisms. The Commission also needed to consider if the agreement addressed the specific needs of the employees within the aged care sector.

The Commission examined the evidence provided by the applicant and the respondents, focusing on the fairness of the terms and conditions outlined in the agreement. The Commission found that the agreement met the statutory requirements under the Fair Work Act 2009. It concluded that the agreement fairly reflected the bargaining positions of the parties, was free from coercion, and provided for appropriate dispute resolution mechanisms. The Commission approved the proposed enterprise agreement, noting its suitability for the unique needs of the aged care sector.

As a result of the Commission's decision, the Aged Care Services Australia Group Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2017 was approved and is now legally binding between the applicant and the relevant respondents. This decision ensures that the terms and conditions of employment within the aged care sector are adequately regulated and fair for all parties involved.

Aged Care Services Australia 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