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
(AG2016/7601)

ALLIANCE CARE MANAGEMENT PTY LTD AS THE TRUSTEE FOR THE ABBEY GARDENS UNIT TRUST NURSES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Alliance Care Management Pty Ltd as the Trustee for the Abbey Gardens Unit Trust Nurses 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 Nurses 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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alliance Care Management Pty Ltd, acting as the trustee for the Abbey Gardens Unit Trust, which trades as The Trustee for the Abbey Gardens Unit Trust, and the primary dispute centred around the application for the approval of the Nurses Enterprise Agreement 2016. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The Commission was tasked with determining whether the proposed agreement met the necessary standards and requirements set forth by the Act, specifically in terms of the fairness and suitability of the terms and conditions for the nurses employed by the trustee.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the nurses, and whether the agreement was free from any unfair provisions that might unduly disadvantage the employees. The Commission also needed to consider whether the agreement complied with the requirements for bargaining in good faith and whether the process by which the agreement was formed was transparent and fair. Furthermore, the Commission was required to ensure that the agreement met the criteria for being a "modern award" under the Act, including provisions for pay and conditions that were no less favourable than those provided by the relevant modern award.

In its decision, the Commission examined the evidence presented regarding the bargaining process, the terms of the proposed agreement, and the impact on the nurses. The Commission found that the agreement was fair and reasonable, as it did not include any terms that were less favourable than those provided by the relevant modern award. The Commission also concluded that the bargaining process was conducted in good faith and that the agreement met the necessary criteria for approval. The Commission noted the efforts made by both parties to reach an agreement that was satisfactory to all involved, and it approved the proposed Nurses Enterprise Agreement 2016. The decision was made in favour of the applicant, and the agreement was approved as meeting the standards set by the Fair Work Act 2009.

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