DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd
(AG2018/5901)

ALLITY ENTERPRISE AGREEMENT (VICTORIA) 2018

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2019

Application for approval of the Allity Enterprise Agreement (Victoria) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (Victoria) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allity Management Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 12 June 2019 and, in accordance with s.54, will operate from 19 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Allity Management Services Pty Ltd, applied for the approval of the Allity Enterprise Agreement (Victoria) 2018. The application was made under the Fair Work Act 2009. The respondents were the Fair Work Commission and the Health Services Union of Australia. The primary dispute centred around whether the agreement met the criteria for registration under the Act.

The court had to determine if the agreement was fair and if it had been negotiated in good faith. Additionally, the court needed to assess whether the agreement provided for the resolution of any future disputes between the parties. The negotiation process and the fairness of the agreement's terms, especially concerning employee rights and obligations, were also scrutinised.

In its reasoning, the court found that the agreement had been negotiated in good faith and was fair. It considered the provisions for dispute resolution, the parties' bargaining positions, and the context in which the agreement was made. The court was satisfied that the agreement was comprehensive and provided for the fair treatment of employees. It found that the agreement met all the legislative requirements for approval.

The court approved the Allity Enterprise Agreement (Victoria) 2018, making it a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect, governing the employment terms of the union members in Victoria.

Allity Management Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established