DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2018/7319)

AMANA LIVING ALLIED HEALTH ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2019

Application for approval of the Amana Living Allied Health Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Amana Living Allied Health Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amana Living Incorporated T/A Amana Living. 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, 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 Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amana Living Incorporated, trading as Amana Living, applied to the Fair Work Commission for the approval of the Amana Living Allied Health Enterprise Agreement 2018. The application was contested by the Australian Health Services Union, representing employees of Amana Living. The primary nature of the dispute was the proposed terms and conditions of employment for allied health workers within the enterprise, including matters such as wages, leave entitlements, and other employment-related benefits.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and whether it was free from any illegality or unfairness. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

After hearing submissions from both parties and reviewing the evidence, the Commission concluded that the proposed agreement did comply with the statutory requirements. The Commission found that the agreement was fair and reasonable, and that it met the better off overall test. Furthermore, the Commission determined that the agreement did not contain any illegal provisions or elements of unfairness. Consequently, the Commission approved the Amana Living Allied Health Enterprise Agreement 2018.

In light of the decision, the Fair Work Commission approved the agreement, allowing it to come into effect and bind both the employer and the employees. This outcome ensures that the terms and conditions set out in the agreement will govern the employment relationship between Amana Living and its allied health workers, as long as the agreement remains in force.

Amana Living Incorporated T/A Amana Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established