DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management Pty Ltd T/A Amberlea Aged Care Facility Trust
(AG2014/9861)

HERITAGE MANOR AGED CARE PTY LTD HEALTH AND ALLIED ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Heritage Manor Aged Care Pty Ltd Health and Allied Enterprise Agreement 2014.

[1] On 12 November 2014 Alliance Care Management Pty Ltd (Applicant) made an application for approval of the Heritage Manor Aged Care Pty Ltd Health and Allied 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 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.

[5] 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

Alliance Care Management Pty Ltd, trading as Amberlea Aged Care Facility, brought an application before the Fair Work Commission to seek approval of the Health and Allied Enterprise Agreement 2014. The respondent, Heritage Manor Aged Care Pty Ltd, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the procedural fairness and the mandatory terms of the enterprise agreement.

The court was tasked with determining whether the application process was conducted fairly and whether the agreement contained all the mandatory terms as required by the Fair Work Act. Specifically, the court needed to assess whether the employer provided the necessary information to employees and whether the agreement included all the mandated terms, such as minimum wages, penalties, and working conditions. The court also needed to consider if the application was made in good faith and whether there were any procedural irregularities in the approval process.

In its decision, the Fair Work Commission found that the application process was conducted fairly, and all necessary information was provided to the employees. The commission also determined that the Health and Allied Enterprise Agreement 2014 included all the mandatory terms required by the Fair Work Act. Consequently, the commission approved the agreement, dismissing the respondent's objections. The commission emphasised that the application was made in good faith and there were no procedural irregularities that would invalidate the agreement.

The Fair Work Commission approved the Health and Allied Enterprise Agreement 2014, dismissing Heritage Manor Aged Care Pty Ltd's objections. The decision highlighted the importance of procedural fairness and compliance with the mandatory terms of the enterprise agreement as stipulated by the Fair Work Act.

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