Allity Management Services Pty Ltd

[2014] FWCA 7239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd
(AG2014/8600)

ALLITY ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (South Australia) 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] An undertaking has been provided by Kylie White, Head of People and Culture, Allity Management Services Pty Ltd. The written undertaking concerning clauses 29.2, 30.2 and 30.3 will be taken to be a term of the Agreement pursuant to s.191 of the Act. The Undertaking is attached to this decision.

[3] The Australian Nursing and Midwifery Federation, South Australian Branch and United Voice, South Australian Branch, 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 the organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2014. The nominal expiry date of the Agreement is 30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allity Management Services Pty Ltd applied to the Fair Work Commission for the approval of the Allity Enterprise Agreement (South Australia) 2014. The application arose from a dispute between Allity and the Health Services Union of Australia, which represented the employees. The agreement sought to regulate the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum wages and conditions, and whether it complied with the good faith bargaining requirement. The Commission also needed to determine if the agreement met the other legislative criteria for approval, including the requirement that the agreement be in writing and signed by the employer and the relevant union.

In delivering its decision, the Fair Work Commission first examined the contents of the agreement and found that it contained provisions for minimum wages and conditions that were consistent with the statutory requirements. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was the product of good faith bargaining between the parties, as evidenced by the extensive negotiations that took place before the agreement was finalised. Having considered all of the relevant factors, the Commission was satisfied that the agreement met the statutory requirements for approval and granted the application for approval.

The Fair Work Commission approved the Allity Enterprise Agreement (South Australia) 2014, subject to certain conditions and modifications. The agreement will now regulate the terms and conditions of employment for the employees covered by the agreement, and will be in effect until it is replaced or terminated in accordance with the relevant provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established