DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alphington Aged Care Pty Ltd T/A Epping Aged Care
(AG2015/1863)

ALPHINGTON AGED CARE PTY LTD (TRADING AS EPPING AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 5 MAY 2015

Application for approval of the Alphington Aged Care Pty Ltd (trading as Epping Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 12 February 2015 Alphington Aged Care Pty Ltd (Applicant) made an application for approval of the Alphington Aged Care Pty Ltd (trading as Epping Aged Care), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Australian Nursing and Midwifery Federation and the Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 May 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

Alphington Aged Care Pty Ltd, trading as Epping Aged Care, applied for approval of their 2014 Enterprise Agreement under the Fair Work Act 2009. The Australian Nursing and Midwifery Federation and the Health Services Union were also parties to the agreement, and their interests were represented in the application. The dispute was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or amend enterprise agreements to ensure they meet the legal requirements of the Fair Work Act.

The primary legal issue before the Commission was whether the 2014 Enterprise Agreement met the standards prescribed by the Act. This included assessing whether the agreement provided for a fair and reasonable rate of pay, reasonable hours of work, and adequate conditions for the employees covered by the agreement. The Commission also had to consider whether the agreement complied with the process requirements for making an enterprise agreement, including whether the agreement was made without coercion, duress, or unfair labour practices.

In reaching its decision, the Fair Work Commission examined the terms of the 2014 Enterprise Agreement and the process by which it was made. The Commission found that the agreement provided for a fair and reasonable rate of pay, reasonable hours of work, and adequate conditions for the employees. The Commission also determined that the agreement was made without coercion, duress, or unfair labour practices, and that the process for making the agreement complied with the requirements of the Act. As a result, the Commission approved the 2014 Enterprise Agreement.

The Fair Work Commission's decision was based on a detailed analysis of the agreement and the process by which it was made. The Commission found that the agreement met the legal requirements of the Fair Work Act and was therefore approved. This decision provides clarity for employers and employees in the aged care industry, ensuring that they have a legally binding agreement that meets the standards set out in the Act.

Alphington Aged Care Pty Ltd T/A Epping Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established