DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2018/7373)

AMANA LIVING RESIDENTIAL CARE STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 11 APRIL 2019

Application for approval of the Amana Living Residential Care Staff Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Amana Living Residential Care Staff Enterprise Agreement 2018 (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.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice and Australian Nursing and Midwifery Federation (WA Branch) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amana Living Incorporated, trading as Amana Living, applied to the Fair Work Commission for the approval of the Amana Living Residential Care Staff Enterprise Agreement 2018. The application was contested by the Health Services Union of Australia, which represented certain employees of Amana Living. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically whether these terms complied with relevant Australian labour laws and if they provided adequate protection and benefits for the employees.

The legal issues before the court were multifaceted, primarily focusing on whether the agreement's provisions were in line with the Fair Work Act 2009 and if they met the criteria for a 'safety net' agreement, ensuring minimum terms and conditions for the employees. Additionally, the court had to determine if the agreement adhered to procedural fairness, including the appropriate consultation with the union and the employees.

In its reasoning, the court examined each clause of the proposed agreement, assessing compliance with statutory requirements and considering the bargaining context. The court found that the majority of the agreement's provisions were consistent with the legislative framework, providing fair and reasonable terms for the employees. The court noted that the agreement offered terms and conditions that were at least equal to, or better than, the applicable awards, thus satisfying the safety net provisions. Furthermore, the court was satisfied with the procedural fairness, acknowledging the union's and employees' participation in the bargaining process.

The final orders of the court were to approve the Amana Living Residential Care Staff Enterprise Agreement 2018, recognising it as a lawful and fair agreement that met the statutory requirements. The court's decision ensured that the agreement would govern the terms and conditions of employment for the employees represented by the union, effective from the date of approval.

Amana Living Incorporated T/A Amana Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established