DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management as the Trustee for the Abbey Gardens Unit Trust T/A The Trustee for the Abbey Gardens Unit Trust
(AG2016/7603)

ALLIANCE CARE MANAGEMENT PTY LTD AS THE TRUSTEE FOR THE ABBEY GARDENS UNIT TRUST HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 3 MARCH 2017

Application for approval of the Alliance Care Management Pty Ltd as the Trustee for the Abbey Gardens Unit Trust Health and Allied Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Care Management Pty Ltd as the Trustee for the Abbey Gardens Unit Trust Health and Allied Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alliance Care Management as the Trustee for the Abbey Gardens Unit Trust T/A The Trustee for the Abbey Gardens Unit Trust. 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 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 March 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are Alliance Care Management, as the Trustee for the Abbey Gardens Unit Trust, and the applicants who are the employees of the trust. The dispute pertains to the application for the approval of the Alliance Care Management Pty Ltd as the Trustee for the Abbey Gardens Unit Trust Health and Allied Services Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and if the application for its approval was made in accordance with the Act.

The court considered the submissions made by the applicants and the evidence presented by the trustee. The applicants argued that the proposed agreement did not adequately address certain issues, including pay equity and the classification of employees. The trustee, on the other hand, contended that the proposed agreement was fair and reasonable, and it met all the necessary requirements under the Fair Work Act 2009. The court found that the proposed agreement complied with the relevant provisions of the Act and that the application for its approval was made in accordance with the Act. The court also determined that the trustee had demonstrated that it had taken all reasonable steps to ensure that the agreement was properly negotiated.

The court approved the proposed enterprise agreement, finding that it was fair and reasonable and met all the necessary requirements under the Fair Work Act 2009. The court acknowledged the concerns raised by the applicants but concluded that the proposed agreement provided for a fair and reasonable outcome for all parties involved. The court also noted that the trustee had taken all reasonable steps to ensure that the agreement was properly negotiated. The final orders of the court were that the proposed enterprise agreement be approved, and that it be registered with the Fair Work Commission. The orders also included provisions for the agreement to be in effect for a period of four years, with the possibility of early termination by either party under certain conditions.

Alliance Care Management as the Trustee for the Abbey Gardens Unit Trust T/A The Trustee for the Abbey Gardens Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established