Allity Management Services Pty Ltd T/A Allity Summary

[2016] FWCA 8678

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work Act 2009

s.210—Enterprise agreement

Allity Management Services Pty Ltd T/A Allity

(AG2016/7076)

Allity Enterprise Agreement (South Australia) 2014

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 30 JANUARY 2017

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

The decision issued by the Fair Work Commission on 2 December 2016 [2016] FWCA 8678 is corrected as follows:

By replacing the second bullet point in paragraph [2] with the following “increase the rates of pay by 1.75% from the first full pay period on or after 21 October 2016, and a further 1.75% from the first full pay period on or after 21 October 2017;”

This decision shall come into effect on and from 2 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allity Management Services Pty Ltd, trading as Allity, and its employees, represented by the Australian Council of Trade Unions, were parties to a dispute before the Fair Work Commission regarding the variation of the Allity Enterprise Agreement (South Australia) 2014. The dispute centred on the application for amendments to the existing enterprise agreement, particularly concerning the rates of pay for employees. The case was heard in the Fair Work Commission, where Commissioner Platt presided over the matter.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement, specifically regarding the incremental increases in pay rates, were fair and reasonable in all aspects. The applicant sought to adjust the rates of pay for employees by 1.75% from the first full pay period on or after 21 October 2016 and a further 1.75% from the first full pay period on or after 21 October 2017. The Commission had to determine if these changes met the criteria for fairness and reasonableness, as outlined in the Fair Work Act 2009.

In its reasoning, the Fair Work Commission considered the economic climate, the bargaining positions of the parties, and the impact of the proposed changes on the employees. The Commission noted that the amendments provided for a modest increase in pay, which was deemed necessary to address the cost of living adjustments. The Commission found that the proposed changes were fair and reasonable given the circumstances. Consequently, the Commission varied the Allity Enterprise Agreement (South Australia) 2014 as applied to the employees, incorporating the specified pay rate increases.

The Fair Work Commission ordered that the Allity Enterprise Agreement (South Australia) 2014 be varied to increase the rates of pay by 1.75% from the first full pay period on or after 21 October 2016, and a further 1.75% from the first full pay period on or after 21 October 2017. This decision was to take effect from 2 December 2016.

Allity Management Services Pty Ltd T/A Allity

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established