Amana Living Incorporated T/A Amana Living Summary

[2024] FWCA 3867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2024/3866)

AMANA LIVING REGISTERED NURSES ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 5 NOVEMBER 2024

Application for approval of the Amana Living Registered Nurses Enterprise Agreement 2024

Amana Living Incorporated (Employer) has made an application for approval of an enterprise agreement known as the Amana Living Registered Nurses 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 Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.

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

The application before the Fair Work Commission concerns the approval of the Amana Living Registered Nurses Enterprise Agreement 2024, with Amana Living Incorporated trading as Amana Living being the employer, and the Australian Nursing and Midwifery Federation representing the employees. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The commission needed to determine if the agreement contained all the mandated terms and conditions, provided for a genuine enterprise bargaining process, and was made in good faith. Additionally, the commission examined whether the agreement was free from any invalid provisions and whether it was compliant with the Fair Work (Registered Organisations) Act 2009.

The court addressed several critical legal issues, including whether the agreement had been genuinely negotiated and whether it complied with the procedural requirements set forth in the Fair Work Act. Furthermore, the court had to consider whether the agreement contained all the minimum terms and conditions as stipulated by the Fair Work Act, and whether any of the provisions were invalid or unenforceable. The commission also needed to assess whether the agreement was in the best interests of the employees and whether it adhered to the principles of procedural fairness and good faith bargaining.

After thorough examination, the Fair Work Commission concluded that the Amana Living Registered Nurses Enterprise Agreement 2024 was valid and met all the statutory requirements for approval. The commission found that the agreement had been genuinely negotiated between the parties, contained all the mandated terms and conditions, and was made in good faith. The commission also determined that the agreement was compliant with the Fair Work Act and did not contain any invalid provisions. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act.

The final orders of the commission included the approval of the Amana Living Registered Nurses Enterprise Agreement 2024, effective from 1 April 2024, and the registration of the agreement under the Fair Work Act. The agreement was to be binding on all employees of Amana Living Incorporated covered by the agreement, and the employer was required to comply with the terms and conditions set forth therein. The commission also ordered that the agreement be published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

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