DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Incorporated T/A Amaroo Village
(AG2016/2434)

AMAROO CARE SERVICES INC NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2016

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

[1] On 2 March 2016 Amaroo Care Services Incorporated T/A Amaroo Village (Applicant) made an application for approval of the Amaroo Care Services Inc Nurses Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Amaroo Care Services Incorporated trading as Amaroo Village, the applicant sought approval of the Nurses Enterprise Agreement 2015 from the Fair Work Commission. The agreement was intended to cover registered and enrolled nurses employed at the Amaroo Village aged care facility. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the agreement's overall fairness to the employees.

The court had to decide several key issues, including whether the applicant had followed the necessary procedures to achieve agreement, whether the agreement was made in good faith, and whether the agreement was fair and reasonable. Additionally, the court needed to assess whether the agreement met the criteria for approval under the Fair Work Act, particularly considering the specific conditions and provisions of the agreement. The court also needed to ensure that the agreement provided for the minimum terms and conditions as required by the Act, and that the agreement was not contrary to public policy.

The Fair Work Commission found that the applicant had generally followed the necessary procedures to achieve agreement, and the agreement was made in good faith. The commission considered the provisions of the agreement and found that, while some aspects were not entirely favourable to the employees, the overall agreement was fair and reasonable. The commission noted that the agreement met the minimum terms and conditions as required by the Fair Work Act, and it did not contravene any public policy considerations. Consequently, the Fair Work Commission approved the Amaroo Care Services Inc Nurses Enterprise Agreement 2015.

In approving the agreement, the Fair Work Commission made an order that the agreement be registered and enforceable as a registered agreement under the Fair Work Act 2009. The decision confirmed the validity and enforceability of the agreement between Amaroo Care Services and the nurses employed at the Amaroo Village aged care facility.

Amaroo Care Services Incorporated 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