DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2015/2087)

AMANA LIVING ALLIED HEALTH ENTERPRISE AGREEMENT 2015

Aged care industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 APRIL 2015

Application for approval of the Amana Living Allied Health Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Amana Living Allied Health 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Amana Living Incorporated, trading as Amana Living, sought approval for the Amana Living Allied Health Enterprise Agreement 2015. The application was made in the Fair Work Commission, and the respondents were the unions representing the employees. The dispute centred around the terms and conditions of employment within the allied health sector, specifically the proposed changes to the agreement that would affect wages, hours, and other employment conditions.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if the process for its approval was correctly followed. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if the bargaining process was genuine. The unions argued that the agreement did not adequately represent the interests of the employees and that the bargaining process was flawed.

The Commission found that the agreement was fair and reasonable, and that the process for its approval was properly followed. The Commission considered the evidence provided by both parties and the submissions made during the hearing. It was determined that the agreement met the statutory requirements and that the bargaining process was genuine. The Commission approved the application for the agreement, finding that it provided for fair and reasonable terms and conditions of employment for the employees within the allied health sector.

The Fair Work Commission approved the Amana Living Allied Health Enterprise Agreement 2015, finding it to be fair and reasonable and the process for its approval to be correctly followed. The Commission's decision was based on the evidence and submissions provided by both parties, and it determined that the agreement met the statutory requirements of the Fair Work Act 2009. The unions' objections were dismissed, and the agreement was approved for implementation within the allied health sector.

Amana Living Incorporated T/A Amana Living

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established