DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2015/4566)

AMANA LIVING HOME CARE ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2015

Application for approval of the Amana Living Home Care Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Amana Living Home Care Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Amana Living Incorporated, trading as Amana Living, applied for approval of the Amana Living Home Care Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's determination that the agreement meets the requirements for registration. The dispute centred on whether the agreement was made in accordance with the processes set out in the Fair Work Act and whether it contained all the mandatory terms prescribed by the Act.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated between the employer and the relevant employee representatives, and whether it contained all the mandatory terms as prescribed by the Fair Work Act. A secondary issue involved the interpretation of specific clauses within the agreement to ensure compliance with the legislative requirements. The Commission needed to determine if the employer had appropriately facilitated the negotiation process and if the agreement reflected the outcomes of genuine bargaining.

In rendering its decision, the Commission examined the evidence provided regarding the negotiation process and the content of the agreement. It was satisfied that the agreement had been genuinely negotiated between the employer and the relevant employee representatives. The Commission also found that the agreement contained all the mandatory terms required by the Fair Work Act, including provisions for minimum wages, leave entitlements, and other conditions of employment. Consequently, the Commission approved the application for registration of the agreement.

The Fair Work Commission approved the application for the registration of the Amana Living Home Care Enterprise Agreement 2015. The agreement was determined to meet all legislative requirements, and the Commission was satisfied with the genuine negotiation process and the inclusion of all mandatory terms. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act.

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