Aged Care Services Australia Group Pty Ltd Summary

[2013] FWCA 2659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd
(AG2013/4804)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD, NSWNMA & HSU ENTERPRISE AGREEMENT 2010

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 MAY 2013

Application for approval of the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010 (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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Nursing Federation, 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 Health 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.

[7] The NSW Nurses and Midwives’ Association, 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.

[8] The Agreement was approved on 30 April 2013 and, in accordance with s.54, will operate from7 May 2013. The nominal expiry date of the Agreement is 31 July 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Aged Care Services Australia Group Pty Ltd applied for approval of the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010. The applicant and the respondents, the National Union of Workers and the Health Services Union, sought to have the agreement, which was reached after negotiations, approved under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment for employees in the aged care sector, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved assessing whether the agreement met the requirements for approval under the Fair Work Act, including compliance with the "better off overall test" (BOOT) and ensuring the agreement did not undermine the safety net of minimum entitlements. The Commission had to determine if the proposed agreement provided employees with conditions that were at least as good as the applicable awards and if it was in the interests of the employees.

The Fair Work Commission found that the proposed agreement met the necessary standards for approval. The Commission noted that the agreement provided employees with improved conditions compared to the relevant award, thus satisfying the BOOT. Additionally, the agreement did not diminish the safety net of minimum entitlements. The Commission considered the overall benefits to employees, including wage increases, improved working conditions, and additional leave provisions. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all circumstances.

The final orders of the Commission were that the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010 be approved. This approval would take effect from the date of the decision and would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

Aged Care Services Australia Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established