DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd
(AG2016/6078)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD (COFFS HARBOUR AGED CARE FACILITY AND SOUTH WEST ROCKS AGED CARE FACILITY), NEW SOUTH WALES EMPLOYEE ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Aged Care Services Australia Group Pty Ltd (Coffs Harbour Aged Care Facility and South West Rocks Aged Care Facility), New South Wales Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Services Australia Group Pty Ltd (Coffs Harbour Aged Care Facility and South West Rocks Aged Care Facility), New South Wales Employee Enterprise Agreement 2016 (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, New South Wales Nurses and Midwives’ Association and Health Services Union being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Aged Care Services Australia Group Pty Ltd, sought approval for the Aged Care Services Australia Group Pty Ltd (Coffs Harbour Aged Care Facility and South West Rocks Aged Care Facility), New South Wales Employee Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The dispute centred around the terms and conditions of employment for staff at two aged care facilities operated by the applicant in New South Wales. The central legal issues before the Commission involved whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

In deliberating on the application, the Commission considered the applicant's submissions and the submissions of the Australian Nurses and Midwifery Federation. The applicant argued that the proposed agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect the interests of the employees. The Commission examined various aspects of the agreement, including wages, penalty rates, leave entitlements, and procedural fairness. After weighing the evidence and submissions, the Commission determined that the agreement substantially met the criteria for approval under the Fair Work Act.

Ultimately, the Fair Work Commission approved the proposed agreement, finding that it was fair and reasonable. The Commission noted that while there were some concerns regarding certain provisions, the overall balance of the agreement was satisfactory. The decision highlights the importance of thorough consideration of employee interests and compliance with legislative requirements in the approval process for enterprise agreements. The Fair Work Commission's approval of the agreement ensures that the terms and conditions of employment for staff at the Coffs Harbour Aged Care Facility and South West Rocks Aged Care Facility are governed by a legally binding and fair agreement.

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