DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated t/a Amana Living
(AG2015/4809)

AMANA LIVING (INC) RESIDENTIAL AND DAY CARE STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 SEPTEMBER 2015

Application for approval of the Amana Living (Inc) Residential and Day Care Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amana Living (Inc) Residential and Day Care Staff Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Amana Living Incorporated t/a Amana Living. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation and United Voice, 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 October 2017.

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 (Inc) Residential and Day Care Staff Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The applicants were represented by Mr. T. Smith, while the respondents were represented by Ms. J. Brown. The nature of the dispute was the terms and conditions of employment for residential and day care staff within the organisation.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act, including whether it provided for minimum rates of pay and conditions, whether it was free from prohibited content, and whether it complied with the process for making enterprise agreements. The court had to consider the provisions of the Act, including sections 172, 173, 174, and 176. The applicants argued that the agreement was fair and reasonable and should be approved, while the respondents contended that certain provisions did not meet the statutory requirements.

The Fair Work Commission found that the agreement generally met the statutory requirements. The court held that the agreement provided for minimum rates of pay and conditions, was free from prohibited content, and complied with the process for making enterprise agreements. The court noted that while there were some minor issues with the agreement, these did not prevent the agreement from being approved. The court also considered the evidence presented by both parties and found that the agreement was fair and reasonable.

The Fair Work Commission approved the Amana Living (Inc) Residential and Day Care Staff Enterprise Agreement 2014. The court noted that while there were some minor issues with the agreement, these did not prevent the agreement from being approved. The court found that the agreement provided for minimum rates of pay and conditions, was free from prohibited content, and complied with the process for making enterprise agreements. The court also considered the evidence presented by both parties and found that the agreement was fair and reasonable.

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