Amana Living Incorporated T/A Amana Living

[2022] FWCA 2531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2022/2412)

Amana Living Registered Nurses Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JULY 2022

Application for approval of the Amana Living Registered Nurses Enterprise Agreement 2022

Amana Living Incorporated T/A Amana Living has made an application for the approval of an enterprise agreement known as the Amana Living Registered Nurses Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 27 July 2022 and, in accordance with s 54, will operate from 3 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application for the approval of the Amana Living Registered Nurses Enterprise Agreement 2022 was heard by the Fair Work Commission. The applicants, Amana Living Incorporated trading as Amana Living, sought the approval of a new enterprise agreement that would govern the employment conditions of registered nurses within the organisation. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission was required to assess the fairness and compliance of the agreement with relevant labour laws.

The primary legal issues before the Commission included whether the agreement provided for appropriate pay and conditions, if it complied with the procedural requirements for approval, and whether it adequately protected the rights and interests of the employees. The Commission also had to determine if the agreement was certified as "no disadvantage" or "better off overall" compared to the existing terms and conditions. Additionally, the Commission examined whether the agreement contained appropriate mechanisms for dispute resolution and if it was consistent with public policy.

The Fair Work Commission found that the Amana Living Registered Nurses Enterprise Agreement 2022 complied with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and working conditions that were consistent with industry standards. The Commission was satisfied that the agreement had been certified as "better off overall" and contained adequate mechanisms for dispute resolution. The Commission also found that the agreement was consistent with public policy and did not undermine the principles of the Fair Work Act 2009.

Consequently, the Fair Work Commission approved the Amana Living Registered Nurses Enterprise Agreement 2022. The agreement now governs the employment conditions of registered nurses within the organisation, providing a framework for fair and reasonable terms and conditions of employment. The Commission's decision ensures that the agreement is consistent with labour laws and protects the rights and interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established