DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management Pty Ltd as the trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Trust
(AG2017/1352)

ALLIANCE CARE MANAGEMENT AS TRUSTEE FOR AMBERLEA AGED CARE FACILITY UNIT TRUST HEALTH AND ALLIED ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2017

Application for approval of the Alliance Care Management as Trustee for Amberlea Aged Care Facility Unit Trust Health and Allied Enterprise Agreement 2017.

[1] On 17 April 2017, Alliance Care Management Pty Ltd as trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Unit Trust (Applicant) made an application for approval of the Alliance Care Management as Trustee for Amberlea Aged Care Facility Unit Trust Health and Allied 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.

[1] 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 has indicated its acceptance of the undertakings.

[2] 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.

[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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 August 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 case involved Alliance Care Management Pty Ltd, acting as the trustee for the Amberlea Aged Care Facility Unit Trust, trading as The Trustee for Amberlea Aged Care Facility Trust, and various employees of the facility. The dispute centred on the application for approval of the Health and Allied Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for minimum terms and conditions of employment that complied with the relevant legislative standards.

The Commission examined the agreement to determine if it was fair and reasonable, taking into account the need to provide for appropriate flexibility, efficiency, and productivity. The Commission also considered the parties' submissions and whether the agreement provided for minimum terms and conditions that met the standards set by the National Employment Standards and other applicable awards and agreements. After reviewing the evidence and submissions, the Commission found that the agreement was fair and reasonable and met the legislative requirements. The Commission approved the Health and Allied Enterprise Agreement 2017, effective from the date of the decision.

In summary, the Fair Work Commission approved the Health and Allied Enterprise Agreement 2017 for employees of the Amberlea Aged Care Facility, finding it to be fair and reasonable and in compliance with the Fair Work Act 2009. The agreement was deemed to provide for minimum terms and conditions that met the standards set by the National Employment Standards and other applicable awards and agreements.

Alliance Care Management Pty Ltd 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