DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Inc T/A Amaroo Village
(AG2017/6648)

AMAROO CARE SERVICES INC, ADMINISTRATION AND ALLIED HEALTH PERSONNEL ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JUNE 2018

Application for approval of the Amaroo Care Services Inc, Administration and Allied Health Personnel Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Amaroo Care Services Inc, Administration and Allied Health Personnel Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amaroo Care Services Inc T/A Amaroo Village. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to 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] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Amaroo Care Services Inc, trading as Amaroo Village, applied to the Fair Work Commission for the approval of the Administration and Allied Health Personnel Enterprise Agreement 2017. The application was opposed by the respondent, the Health Services Union of Australia, representing certain employees of the applicant. The primary dispute centred around the terms and conditions of employment for administration and allied health personnel within the applicant's facilities, specifically whether the proposed agreement met the requisite standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the assessment of the agreement's compliance with the Fair Work Act, particularly sections concerning the procedural fairness in the bargaining process, the substantive fairness of the agreement's terms, and whether the agreement provided for a safety net of minimum entitlements. The Commission also needed to consider whether the agreement was in the best interests of the employees and if it met the standard of being a "better off overall test" for the employees.

The Commission examined the evidence provided by both parties and found that the agreement was procedurally fair, having been negotiated in good faith and following the necessary processes. In terms of substantive fairness, the Commission considered the provisions regarding wages, hours of work, leave entitlements, and other employment conditions, concluding that the agreement provided for fair and reasonable terms. The Commission determined that the agreement provided for a safety net of minimum entitlements and was in the best interests of the employees, meeting the criteria of the better off overall test. Therefore, the Commission approved the application for the agreement's registration.

The final orders of the Commission included the approval of the Administration and Allied Health Personnel Enterprise Agreement 2017, with the agreement to be registered from the date of the decision. The Commission directed that the agreement would apply to all employees covered by it, and it would remain in effect until the earlier of its expiry or termination in accordance with its terms. The Commission also noted that the agreement would be available for review and potential variation in the future if necessary.

Amaroo Care Services Inc T/A Amaroo Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established