Amana Living Incorporated T/A Amana Living Summary

[2022] FWCA 3664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2022/3894)

Amana Living Allied Health Enterprise Agreement 2022

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Amana Living Allied Health Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Amana Living Allied Health Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Amana Living Incorporated T/A Amana Living. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Health Services Union WA (HSU), 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 HSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amana Living Incorporated, trading as Amana Living, applied for approval of the Amana Living Allied Health Enterprise Agreement 2022. The applicant sought the Fair Work Commission's approval of the agreement, which was to be made under section 232 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of section 231 of the Act, including that it facilitated improved productivity and provided for the prompt and equitable resolution of any dispute between the parties.

The court had to determine whether the agreement met the requirements of section 231 of the Act, including whether it facilitated improved productivity and provided for the prompt and equitable resolution of any dispute between the parties. The court also had to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for the resolution of any disputes that may arise.

The court found that the agreement met the requirements of section 231 of the Act. The court noted that the agreement facilitated improved productivity by providing for flexible work arrangements and promoting a positive workplace culture. The court also found that the agreement provided for appropriate mechanisms for the resolution of any disputes that may arise, including a dispute resolution procedure that provided for early conciliation and, if necessary, binding arbitration. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement.

The court approved the Amana Living Allied Health Enterprise Agreement 2022 and registered it under section 232 of the Fair Work Act 2009. The agreement is now a registered enterprise agreement, and the parties are bound by its terms.

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