DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amaroo Care Services Incorporated T/A Amaroo Village
(AG2014/8438)

AMAROO CARE SERVICES INC PERSONAL CARE AND HOTEL SERVICE ASSISTANTS ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 JANUARY 2015

Application for approval of the Amaroo Care Services Inc Personal Care and Hotel Service Assistants Enterprise Agreement 2014.

[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 2014 (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 Incorporated T/A Amaroo Village. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing Federation and United Voice 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amaroo Care Services Incorporated, trading as Amaroo Village, applied to the Fair Work Commission for approval of the Amaroo Care Services Inc Personal Care and Hotel Service Assistants Enterprise Agreement 2014. The application was contested by the Australian Council of Trade Unions and the Health Services Union of Australia, who argued that certain provisions of the agreement were unfair and not genuinely negotiated. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it was genuinely negotiated and met the "better off overall test" for employees.

The court examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. It also assessed whether the agreement provided for terms and conditions that were better off overall for employees compared to the applicable award or safety net. The key issue was whether the agreement's provisions regarding shift penalties and casual loading were genuinely negotiated and met the "better off overall test."

The Fair Work Commission concluded that the agreement was genuinely negotiated, as there was evidence of meaningful discussions and concessions made by both parties. The Commission found that the provisions regarding shift penalties and casual loading were not unfair and met the "better off overall test." The Commission approved the agreement, noting the improvements in terms and conditions for employees compared to the applicable award.

The Fair Work Commission approved the Amaroo Care Services Inc Personal Care and Hotel Service Assistants Enterprise Agreement 2014. The Commission found that the agreement was genuinely negotiated and provided for terms and conditions that were better off overall for employees. The provisions regarding shift penalties and casual loading were considered fair and met the statutory requirements. The agreement was approved and will now apply to the relevant employees.

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