Allambi Elderly Peoples Home Inc

[2013] FWCA 9305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allambi Elderly Peoples Home Inc
(AG2013/9961)

ALLAMBI ELDERLY PEOPLES HOME INC HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 26 NOVEMBER 2013

Application for approval of the Allambi Elderly Peoples Home Inc Health and Allied Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allambi Elderly Peoples Home Inc Health and Allied Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allambi Elderly Peoples Home Inc. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 26 November 2013 and, in accordance with s.54 of the Act, will operate from 3 December 2013. The nominal expiry date of the Agreement is 28 February 2017.

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CaseChat Overview and Summary

The applicant, Allambi Elderly Peoples Home Inc, sought approval of the Allambi Elderly Peoples Home Inc Health and Allied Services Enterprise Agreement 2013. The respondents included various unions and associations representing employees. The matter was heard in the Fair Work Commission, with the primary issue being whether the terms of the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement provided for the proper determination of employees' terms and conditions of employment, and whether it met the criteria for being a low paid, genuinely agreed, and fairly negotiated agreement. The unions argued that certain provisions of the agreement did not meet these requirements, particularly in relation to the classification and remuneration of certain employees. The applicant, on the other hand, asserted that the agreement was fairly negotiated and met all statutory requirements.

The Commission examined the evidence and submissions from both parties and considered the relevant statutory provisions. It found that while some aspects of the agreement did not fully comply with the Act, the overall agreement was a genuine attempt at fair negotiation and provided for the proper determination of employees' terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to address the identified issues. This decision ensured that the agreement met the necessary legal standards and could be implemented for the benefit of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established