DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd T/A Allity
(AG2019/297)

ALLITY ENTERPRISE AGREEMENT (QUEENSLAND) 2019

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 AUGUST 2019

Application for approval of the Allity Enterprise Agreement (Queensland) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (Queensland) 2019 (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 T/A Allity. 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] The Australian Workers’ Union and 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 2019. The nominal expiry date of the Agreement is 30 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Allity Management Services Pty Ltd trading as Allity, applied for the approval of the Allity Enterprise Agreement (Queensland) 2019. The dispute arose in the Fair Work Commission, with the applicant seeking approval of the proposed enterprise agreement which would regulate employment conditions for certain employees. The legal issues before the Commission centred on whether the agreement was in compliance with the Fair Work Act 2009, including provisions on procedural fairness, good faith bargaining, and whether it met the "better off overall test" for employees.

The Commission examined the processes undertaken during the bargaining period, assessing whether both parties engaged in genuine attempts to reach an agreement. The Commission also scrutinised the terms of the agreement to ensure they did not undermine the rights and protections afforded to employees under the Fair Work Act. Additionally, the Commission evaluated if the proposed agreement provided employees with benefits that outweighed any detriments, thereby satisfying the better off overall test.

After considering the evidence presented, the Commission concluded that the applicant had demonstrated a genuine attempt to bargain in good faith and that the proposed agreement was fair and reasonable. The Commission found that the agreement met the requirements of the Act and would result in employees being better off overall. Consequently, the Fair Work Commission approved the Allity Enterprise Agreement (Queensland) 2019, effective from the date of the decision. The applicant's application was thus successful.

Allity Management Services Pty Ltd T/A Allity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established