DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd
(AG2014/10002)

ALLITY ENTERPRISE AGREEMENT (VICTORIA) 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 DECEMBER 2014

Application for approval of the Allity Enterprise Agreement (Victoria) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (Victoria) 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 Victorian Branch of the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[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, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allity Management Services Pty Ltd recently had an application heard in the Fair Work Commission for the approval of the Allity Enterprise Agreement (Victoria) 2014. The applicant, Allity Management Services, is seeking to implement a new enterprise agreement that covers its employees in Victoria. The application was made under the Fair Work Act 2009, which governs the process for approving such agreements.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Act. This included whether the agreement had been negotiated in good faith, whether it provided for the proper protection of employees' interests, and whether it complied with the various provisions of the Act. The Commission also considered whether the agreement was in the best interests of the employees.

The Commission found that the agreement had been negotiated in good faith and that it provided for the proper protection of employees' interests. The Commission also found that the agreement complied with the Act and that it was in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission's decision to approve the agreement is significant for both the applicant and the employees covered by the agreement. The approval of the agreement will provide certainty and stability for the employees, while also allowing the applicant to implement the changes it sought through the agreement. The decision also provides guidance to other employers and employees on the requirements for approving enterprise agreements under the 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