DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcheringa Hostel Limited
(AG2014/10776)

ALCHERINGA HOSTEL LIMITED, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the Alcheringa Hostel Limited, ANMF and HSU Enterprise Agreement 2014.

[1] On 11 December 2014 Alcheringa Hostel Limited (Applicant) made an application for approval of the Alcheringa Hostel Limited, ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 February 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Alcheringa Hostel Limited, Australian Nursing and Midwifery Federation and Health Services Union Enterprise Agreement 2014. This agreement had been negotiated by the union and the employer, and was to apply to the employees of the Alcheringa Hostel Limited. The application was opposed by the Queensland Office of Industrial Relations on the basis that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009.

The central legal issue for the Commission was whether the agreement was a "better off overall test" (BOOT) agreement. The BOOT requirement is that an agreement must be approved only if the Commission is satisfied that the employees will be no worse off and at least some employees will be better off financially under the proposed agreement than they would be under the applicable award or safety net award. The Commission considered whether the proposed agreement met this requirement by examining the financial implications of the agreement for the employees, including the rates of pay, penalty rates, and other entitlements.

The Commission found that the proposed agreement was a BOOT agreement. It was satisfied that the agreement provided for improved rates of pay and conditions for employees, and that the overall financial benefits to employees outweighed any financial detriments. The Commission also found that the agreement met all other relevant statutory requirements, including those relating to the disclosure of information and the right to object. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Alcheringa Hostel Limited, ANMF and HSU Enterprise Agreement 2014. The Commission found that the agreement was a BOOT agreement, and that it met all relevant statutory requirements. The agreement was approved on the basis that it provided improved rates of pay and conditions for employees, and that the overall financial benefits to employees outweighed any financial detriments.

Alcheringa Hostel Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established