DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Inc
(AG2018/5933)

AMAROO CARE SERVICES INC PERSONAL CARE AND HOTEL SERVICE ASSISTANTS ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2019

Application for approval of the Amaroo Care Services Inc Personal Care and Hotel Service Assistants Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Amaroo Care Services Inc Personal Care and Hotel Service Assistants Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Amaroo Care Services Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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 Employer. No objection was raised.

[5] The Australian Nursing and Midwifery Federation WA Branch and United Voice (together, the organisations), 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), and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 15 March 2019 and, in accordance with s 54, will operate from 22 March 2019. 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

In the Fair Work Commission, Ms Sarina D'Angelo, an employee of Amaroo Care Services Inc, lodged an application for the approval of the Personal Care and Hotel Service Assistants Enterprise Agreement 2018. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for enterprise agreements, including the requirements of good faith bargaining and the provisions of the Fair Work Act. The Fair Work Commission had to determine if the agreement was made in good faith and if it complied with the various provisions of the Act.

The court was tasked with assessing whether the agreement had been genuinely negotiated and if it contained the necessary minimum terms and conditions as mandated by the Fair Work Act. This involved examining the process of bargaining and whether there were any procedural irregularities. Furthermore, the court had to ensure that the agreement did not disadvantage employees and that it adhered to the provisions concerning minimum pay rates, penalties, and dispute resolution.

After reviewing the evidence and submissions, the Fair Work Commission concluded that the agreement had been made in good faith and complied with all legal requirements. The Commission found that the bargaining process was legitimate, and the agreement contained all necessary minimum terms and conditions. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act. The decision was made considering the balance of interests and the adherence to legal standards for enterprise agreements.

The final order of the Fair Work Commission was to approve the Personal Care and Hotel Service Assistants Enterprise Agreement 2018, effective from the date of the decision. This approval signifies that the agreement is legally binding on the parties involved and will govern the employment terms and conditions moving forward.

Amaroo Care Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established