DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allity Management Services Pty Ltd
(AG2015/5734)

THE ALLITY ENTERPRISE AGREEMENT (QUEENSLAND) 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 19 NOVEMBER 2015

Application for approval of the Allity Enterprise Agreement (Queensland) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (Queensland) 2015 (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] On 19 November 2015 undertakings were provided by the Director of Allity Management Services Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union of Employees, Queensland and the Queensland Nurses’ Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Allity Management Services Pty Ltd, a company providing aged care services in Queensland, and its employees. The company sought approval for the Allity Enterprise Agreement (Queensland) 2015, which sought to regulate various terms and conditions of employment for the employees. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and, if so, granting its approval.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions as outlined in the Fair Work Act, including the "better off overall test" (BOOT) which ensures that employees are not worse off financially under the new agreement. The Commission also needed to determine whether the agreement was made in good faith and if the necessary procedural requirements were met in its formation.

The Commission found that the agreement did indeed meet the BOOT, as it provided employees with benefits that compensated for any reductions in their entitlements. Furthermore, the agreement was found to have been made in good faith, with all procedural requirements being met. The Commission approved the agreement, recognising its benefits to both the employees and the company, and its compliance with the statutory framework.

The Fair Work Commission approved the Allity Enterprise Agreement (Queensland) 2015, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees are governed by the new agreement, subject to the provisions and protections outlined in the Fair Work Act.

Allity Management Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established