Amana Living Incorporated T/A Amana Living Summary

[2024] FWCA 3872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2024/3867)

AMANA LIVING ALLIED HEALTH ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 6 NOVEMBER 2024

Application for approval of the Amana Living Allied Health Enterprise Agreement 2024

Amana Living Incorporated (Employer) has made an application for approval of an enterprise agreement known as the Amana Living Allied Health Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]

Section 183

The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the HSU.

Approval

The Agreement is approved. Clause 3.1 of the Agreement states that the Agreement will commence operation from the first full pay period commencing 7 days after the date of approval by the Commission. The Employer advised that it operates a fortnightly pay period and the next pay period to commence 7 days after the date of this decision commences on Monday 25 November 2025.

Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 24 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amana Living Incorporated, trading as Amana Living, applied to the Fair Work Commission for approval of the Amana Living Allied Health Enterprise Agreement 2024. The application involved a dispute over the terms and conditions of employment for allied health employees within the organisation. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural fairness requirements set out in the Fair Work Act and whether it met the substantive criteria for approval, including the absence of any provisions that would be detrimental to employees. The Commission had to consider whether the agreement provided fair and reasonable terms for the employees and whether the necessary consultation processes had been followed in its development.

The Commission found that the agreement did comply with the procedural fairness requirements, noting that there had been adequate consultation with the employees and their representatives. The Commission also determined that the substantive terms of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The Commission concluded that the agreement met all the statutory criteria for approval and did not include any provisions that would be detrimental to the employees.

The Fair Work Commission approved the Amana Living Allied Health Enterprise Agreement 2024, stating that it was satisfied that the agreement was fair and reasonable, and met all the necessary statutory requirements. The Commission's decision provided clarity on the terms of employment for allied health employees and ensured that the agreement would operate effectively within the legal framework.

Amana Living Incorporated T/A Amana Living

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established