DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alkira Aged Care Limited T/A Alkira Aged Care
(AG2014/9860)

GUNNEDAH AGED CARE SERVICES (ALKIRA), NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

Application for approval of the Gunnedah Aged Care Services (Alkira), NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gunnedah Aged Care Services (Alkira), NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alkira Aged Care Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alkira Aged Care Limited, trading as Alkira Aged Care, sought the Fair Work Commission's approval for the Gunnedah Aged Care Services (Alkira) NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The applicant argued that the agreement was in the best interests of the employees, and that it met the statutory requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was fair and reasonable, and whether it complied with the relevant legislative provisions.

The primary issue before the court was whether the agreement provided for terms and conditions that were fair and reasonable for the employees. This required the court to consider whether the agreement met the "better off overall test" under section 233 of the Fair Work Act. The court also had to assess whether the agreement complied with the "good faith" requirement under section 231 of the Act. Furthermore, the court needed to ensure that the agreement was not contrary to public policy, and that it was in accordance with the principles of natural justice.

In determining the fairness and reasonableness of the agreement, the court examined the bargaining process and the terms and conditions outlined in the agreement. It found that the agreement had been negotiated in good faith and that it met the "better off overall test". The court also concluded that the agreement was not contrary to public policy and that it complied with the principles of natural justice. Consequently, the court approved the Gunnedah Aged Care Services (Alkira) NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

The final orders of the court included the approval of the Gunnedah Aged Care Services (Alkira) NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The agreement was to be registered with the Fair Work Commission, and it was to have effect as a registered agreement under the Fair Work Act. The court also ordered that the agreement be given effect in accordance with its terms and conditions.

Alkira Aged Care Limited T/A Alkira Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established