Amana Living Incorporated T/A Amana Living

[2022] FWCA 2118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2022/1545)

Approval of the Amana Living Residential Care Staff Enterprise Agreement 2022

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 27 JUNE 2022

Application for approval of the Amana Living Residential Care Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Amana Living Residential Care Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ 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.

The Australian Nursing and Midwifery Federation 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Amana Living Incorporated, trading as Amana Living, applied to the Fair Work Commission for approval of the Amana Living Residential Care Staff Enterprise Agreement 2022. This agreement relates to the terms and conditions of employment for residential care staff within Amana Living's facilities. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the legislative requirements for approval, including whether it met the "better off overall test" and was made in good faith.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions for employees, ensuring they were at least as favourable as the relevant award or existing enterprise agreement. The Commission also examined whether the agreement was made in good faith, with parties genuinely attempting to reach a consensus without coercion, duress, or unfair labour practices. A significant aspect of the assessment was the "better off overall test," which required the Commission to determine if the proposed agreement provided employees with benefits that were at least as good as, or better than, those provided under the applicable award.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory criteria for approval. The agreement provided for fair and reasonable terms and conditions for employees and was made in good faith. The Commission was satisfied that the agreement passed the "better off overall test" as it offered benefits that were at least as good as, or better than, those provided under the relevant award. Consequently, the Commission approved the Amana Living Residential Care Staff Enterprise Agreement 2022. The final orders included the approval of the agreement, which would now serve as the basis for the employment terms and conditions for residential care staff within Amana Living's facilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established