DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alzheimer’s Australia Vic Inc T/A Alzheimer’s Australia Vic
(AG2016/6280)

ALZHEIMER’S AUSTRALIA VIC (AAV) ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 17 NOVEMBER 2016

Application for approval of the Alzheimer’s Australia Vic (AAV) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alzheimer’s Australia Vic (AAV) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alzheimer’s Australia Vic Inc T/A Alzheimer’s Australia Vic.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Alzheimer’s Australia Vic Inc, trading as Alzheimer’s Australia Vic, and the Australian Workers Union. The dispute centred on the approval of the Alzheimer’s Australia Vic (AAV) Enterprise Agreement 2016. The commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009, including its alignment with the Better Off Overall Test (BOOT) and its compliance with the applicable award provisions.

The primary legal issues addressed by the commission were whether the proposed agreement provided employees with a fair and better overall package of terms and conditions compared to the relevant award and whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. The commission considered whether the agreement met the BOOT, which required a demonstration that the proposed agreement was at least as good as the applicable award in terms of wages and conditions. Furthermore, the commission assessed whether the agreement adhered to the procedural requirements, including the provision of a copy of the agreement to employees and the opportunity for employees to be represented in the negotiations.

In delivering its decision, the commission carefully examined the evidence and submissions provided by both parties. It found that the proposed agreement did indeed meet the BOOT, as employees would receive an improved overall package of terms and conditions. The commission also determined that the agreement complied with the procedural and substantive requirements of the Fair Work Act. Consequently, the commission approved the Alzheimer’s Australia Vic (AAV) Enterprise Agreement 2016, recognising it as a fair and reasonable agreement for the employees of Alzheimer’s Australia Vic.

The final orders included the approval of the Alzheimer’s Australia Vic (AAV) Enterprise Agreement 2016, effective from 1 March 2016, and the setting aside of any previous agreements that conflicted with the new terms. The decision underscored the importance of ensuring that enterprise agreements provide genuine benefits to employees while maintaining compliance with the legislative framework governing industrial relations.

Alzheimer’s Australia Vic Inc T/A Alzheimer’s Australia Vic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established