DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management Pty Ltd T/A Amberlea Aged Care Facility Trust
(AG2014/9858)

AMBERLEA AGED CARE FACILITY PTY LTD NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Amberlea Aged Care Facility Pty Ltd Nurses Enterprise Agreement 2014.

[1] On 12 November 2014 Alliance Care Management Pty Ltd (Applicant) made an application for approval of the Amberlea Aged Care Facility Pty Ltd Nurses Enterprise Agreement 2014 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 December 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Alliance Care Management Pty Ltd trading as Amberlea Aged Care Facility Trust, the applicants sought the approval of the Amberlea Aged Care Facility Pty Ltd Nurses Enterprise Agreement 2014. The respondents, which included the Australian Nursing and Midwifery Federation and the Australian Nursing Federation, contested the application on the grounds that certain provisions of the agreement did not comply with the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issues the Commission had to decide were whether the provisions in question contravened the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the provisions relating to the calculation of penalty rates and the definition of 'rostered day off' were consistent with the Act. The respondents argued that these provisions did not sufficiently protect the entitlements of nurses, while the applicants maintained that the agreement was fair and complied with the legislative requirements.

The Fair Work Commission carefully reviewed the agreement and the submissions of both parties. After considering the evidence and the applicable legal standards, the Commission found that certain provisions of the agreement did indeed contravene the Fair Work Act. The Commission held that the definition of 'rostered day off' was not clear and precise enough, and that the calculation of penalty rates did not align with the requirements of the Act. Consequently, the Commission did not grant approval of the agreement as it stood. Instead, the Commission made specific orders to modify the contentious provisions to ensure compliance with the Fair Work Act.

The final orders of the Fair Work Commission mandated that the agreement be amended to provide a clear definition of 'rostered day off' and to revise the calculation of penalty rates to ensure they met the requirements of the Fair Work Act. The Commission also ordered that the modified agreement be resubmitted for approval once the changes had been implemented. This decision underscores the importance of precise drafting in enterprise agreements to ensure compliance with statutory obligations and protect the rights of employees.

Alliance Care Management Pty Ltd T/A 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