DECISION

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

Alzheimer's Australia SA Inc
(AG2014/8286)

ALZHEIMERS AUSTRALIA SA INC ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 19 DECEMBER 2014

Application for approval of the Alzheimers Australia SA Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alzheimers Australia SA Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alzheimer’s Australia SA Inc. The Agreement is a single-enterprise agreement.

[2] On 12 December 2014, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2014. The nominal expiry date of the Agreement is 14 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alzheimer's Australia SA Inc, an organisation providing services for individuals living with dementia, was a party in a dispute regarding the approval of an enterprise agreement. The application was brought before the Fair Work Commission, seeking approval of the 2014 Enterprise Agreement. The legal issues that the commission needed to address centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith.

In deliberating on these issues, the commission examined the process through which the agreement was negotiated and whether it complied with the relevant provisions of the Fair Work Act. The commission also assessed the fairness of the terms and conditions outlined in the agreement, considering factors such as pay rates, working conditions, and other employment-related matters. The commission determined that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable for the employees involved.

Consequently, the commission approved the 2014 Enterprise Agreement for Alzheimer's Australia SA Inc. This decision ensured that the terms and conditions of employment for the employees would be governed by the agreement, providing a framework for fair and equitable workplace practices. The approval of the agreement would likely have implications for the organisation's operations, employee relations, and compliance with employment laws.

Alzheimer's Australia SA Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established