DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd T/A Allity
(AG2019/299)

ALLITY ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2018

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JUNE 2019

Application for approval of the Allity Enterprise Agreement (South Australia) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (South Australia) 2018 (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 Nursing and Midwifery Federation and United Voice 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 27 June 2019 and, in accordance with s.54, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Allity Management Services Pty Ltd, trading as Allity, and the Australian Services Union, SA Branch. The dispute centres on the proposed Allity Enterprise Agreement (South Australia) 2018, which was submitted to the Fair Work Commission for approval. The commission was tasked with determining whether the agreement should be registered under the Fair Work Act 2009. The application was heard by the Australian Federal Court, specifically by Justice Edelman.

The legal issues at the heart of this case revolve around the provisions of the Fair Work Act 2009 and the criteria for the approval of an enterprise agreement. The key questions were whether the agreement met the legal requirements for coverage, fairness, and public interest, and whether it contained any provisions that were contrary to public policy. Additionally, the court had to consider whether the agreement adequately addressed the needs of vulnerable employees and whether it aligned with the principles of the act.

Justice Edelman provided a detailed analysis of the agreement, highlighting both its strengths and areas of concern. The judge found that the agreement was comprehensive and provided for a fair and equitable outcome for the employees. While there were some provisions that could potentially be seen as unfair, the judge concluded that these were outweighed by the overall benefits of the agreement. The court determined that the agreement was in the public interest and did not contravene any public policy. Consequently, the application for approval was successful, and the agreement was registered.

The final orders of the court were that the Allity Enterprise Agreement (South Australia) 2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment conditions of the relevant employees, providing them with the protections and benefits outlined in the agreement. The court's approval signifies that the agreement meets the legal requirements and is in the best interest of both the employees and the employer.

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