DECISION

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

Allity Management Services Pty Ltd
(AG2014/10512)

ALLITY ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 19 JANUARY 2015

Application for approval of the Allity Enterprise Agreement (New South Wales) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (New South Wales) 2014 (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 Health Services Union New South Wales Branch, the New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, being a 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) I note that the Agreement covers these Organisations.

[3] I am 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 and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Allity Management Services Pty Ltd and its employees, specifically concerning the application for approval of the Allity Enterprise Agreement (New South Wales) 2014. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law. The primary dispute centred around whether the agreement met the necessary legal standards for approval, particularly whether it contained the required "no-disadvantage" and "better-off-overall" tests, which are critical for ensuring fairness and protection for employees.

The central legal issues addressed by the court were whether the proposed agreement provided for employees' terms and conditions of employment that were at least as favourable as those provided by the relevant award or registered agreement, and whether it met the "no-disadvantage" test. Additionally, the court had to determine if the agreement allowed for a genuine and voluntary agreement between the employer and employees, ensuring that employees had adequate time and information to make informed decisions regarding the agreement.

The court examined the evidence and submissions provided by both parties, considering the specific terms of the agreement and their implications for the employees. It was noted that the agreement contained provisions that met the "better-off-overall" test, as it provided for improved terms and conditions compared to the existing award. Furthermore, the court concluded that the agreement satisfied the "no-disadvantage" test, as no employee would be worse off under the new agreement than they were under the existing award. The court also found that the agreement was genuinely voluntary, with employees having sufficient opportunity to review and understand the terms before making their decision.

Following its analysis, the court approved the Allity Enterprise Agreement (New South Wales) 2014. This approval meant that the agreement would legally bind the parties from the date specified within the agreement, providing a framework for the employees' terms and conditions of employment moving forward.

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