DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management as the trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Trust
(AG2017/1342)

ALLIANCE CARE MANAGEMENT PTY LTD AS TRUSTEE FOR THE AMBERLEA AGED CARE FACILITY UNIT TRUST NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2017

Application for approval of the Alliance Care Management Pty Ltd as Trustee for the Amberlea Aged Care Facility Unit Trust Nurses Enterprise Agreement 2017.

[1] On 17 April 2017, Alliance Care Management as trustee for the Amberlea Aged Care Facility Unity Trust T/A The Trustee for Amberlea Aged Care Facility Trust (Applicant) made an application for approval of the Alliance Care Management Pty Ltd as Trustee for the Amberlea Aged Care Facility Unit Trust Nurses Enterprise Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation have indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.
[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 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

In the Fair Work Commission, the Alliance Care Management as the trustee for the Amberlea Aged Care Facility Unit Trust, trading as The Trustee for Amberlea Aged Care Facility Trust, applied for approval of the Alliance Care Management Pty Ltd as Trustee for the Amberlea Aged Care Facility Unit Trust Nurses Enterprise Agreement 2017. The application involved the determination of whether the proposed agreement met the necessary legal and procedural requirements for its approval. The central legal issues revolved around whether the application was properly made, whether the agreement was consistent with the Fair Work Act 2009, and if it complied with the relevant provisions regarding enterprise agreements. The court had to consider if the agreement was fairly and properly negotiated and if it met the criteria for being a simple, low-risk agreement as defined by the Fair Work Regulations.

The Fair Work Commission found that the application was properly made and that the agreement was fairly and properly negotiated. The commission noted that the agreement was consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations. It was determined that the agreement met the criteria for being a simple, low-risk agreement, which meant it did not require the approval of the Industrial Relations Commission. The commission also found that the agreement did not contain any terms that were inconsistent with the provisions of the Fair Work Act 2009 or any other relevant legislation. Therefore, the commission approved the agreement as requested.

As a result of the court's decision, the Alliance Care Management Pty Ltd as Trustee for the Amberlea Aged Care Facility Unit Trust Nurses Enterprise Agreement 2017 was approved. The agreement was deemed to be in compliance with the Fair Work Act 2009 and the Fair Work Regulations, and it was recognised as a valid and enforceable enterprise agreement. This decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions of the nurses at the Amberlea Aged Care Facility.

Alliance Care Management as the trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established