DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Inc. t/a Amaroo Village
(AG2016/917)

AMAROO CARE SERVICES INC MAINTENANCE PERSONNEL ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Amaroo Care Services Inc Maintenance Personnel Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Amaroo Care Services Inc Maintenance Personnel Enterprise Agreement 2015 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amaroo Care Services Inc, trading as Amaroo Village, applied to the Fair Work Commission for approval of the Maintenance Personnel Enterprise Agreement 2015. The application arose as the agreement was required to be approved by the Commission under the Fair Work Act 2009, due to the nature of the agreement and the classification of the employees involved. The Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Act.

The legal issues before the Commission involved whether the agreement was a "single interest" enterprise agreement, whether it contained all the mandated terms and conditions, and whether the agreement had been genuinely negotiated. Additionally, the Commission had to ensure that the agreement met the "better off overall test" and that the agreement did not unfairly discriminate against any employees.

In delivering its decision, the Commission first confirmed that the agreement was indeed a single interest enterprise agreement. It was noted that the agreement comprehensively covered all the mandated terms and conditions as prescribed by the Fair Work Act. The Commission found that the agreement had been genuinely negotiated, with evidence of fair and genuine consultation between the parties. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, meaning that on balance, the agreement was considered to be at least as good as, or better than, the relevant award or registered agreement. The Commission was satisfied that the agreement did not unfairly discriminate against any employees and was in compliance with the relevant legislative provisions.

In light of the findings, the Commission approved the Maintenance Personnel Enterprise Agreement 2015, enabling it to be registered with the Fair Work Commission. This registration ensures that the agreement will be legally binding and enforceable between the employer and the employees covered by the agreement. The approval and registration of the agreement provides certainty and clarity for both the employer and employees, ensuring compliance with the relevant industrial relations legislation.

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