DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd T/A ACSAG
(AG2017/3531)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD, ANMF AND HWU (VICTORIA) ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 APRIL 2018

Application for approval of the Aged Care Services Australia Group Pty Ltd, ANMF and HWU (Victoria) 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, ANMF and HWU (Victoria) 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 T/A ACSAG. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Aged Care Services Australia Group Pty Ltd T/A ACSAG. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2018. The nominal expiry date of the Agreement is 1 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aged Care Services Australia Group Pty Ltd, trading as ACSAG, applied to the Fair Work Commission for the approval of the Aged Care Services Australia Group Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2017. The dispute involved the conditions of employment for staff within the aged care sector, focusing on the terms and conditions outlined in the proposed agreement. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions of the proposed enterprise agreement complied with the requirements of the Fair Work Act, specifically ensuring that the agreement provided for fair and reasonable terms and conditions of employment. The Commission had to consider if the agreement met the statutory minimum terms and conditions, whether it provided for a fair and reasonable rate of pay, and if it adhered to the principles of good faith bargaining.

In reaching its decision, the Fair Work Commission examined the detailed provisions of the proposed agreement, including wages, working hours, leave entitlements, and other employment conditions. The Commission found that the agreement largely complied with the statutory minimum standards and provided for fair and reasonable terms and conditions. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable rate of pay and other employment conditions that were consistent with industry standards.

The Fair Work Commission approved the Aged Care Services Australia Group Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2017, with certain modifications to ensure compliance with the Fair Work Act. The approved agreement sets out the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

Aged Care Services Australia Group Pty Ltd T/A ACSAG

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established