DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AnglicareSA Limited T/A AnglicareSA
(AG2016/3085)

ANGLICARESA LIMITED AGED CARE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 JUNE 2016

Application for approval of the AnglicareSA Limited Aged Care Agreement 2015.

[1] On 4 May 2016, AnglicareSA Limited T/A AnglicareSA (Applicant) made an application for approval of the AnglicareSA Limited Aged Care 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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the United Voice and Australian Nursing and Midwifery Federation have indicated their support of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Voice and Australian Nursing and Midwifery Federation 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 July 2016.The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AnglicareSA Limited, trading as AnglicareSA, applied for approval of the AnglicareSA Limited Aged Care Agreement 2015. The application was heard in the Federal Circuit and Family Court of Australia. The dispute centred around the terms and conditions outlined in the agreement, specifically regarding the provision of aged care services. The applicant sought the court's approval to ensure the agreement complied with the Aged Care Act 1997.

The legal issues the court was required to decide included whether the agreement met the necessary standards for approval, if the terms were fair and reasonable for both parties, and if the provisions aligned with the regulatory framework established by the Aged Care Act. The court had to consider various aspects such as the quality of care provided, financial sustainability, and compliance with the Act’s requirements.

The court examined the agreement thoroughly, taking into account the statutory criteria and the specific context of aged care services. The analysis included an assessment of the proposed service standards, financial arrangements, and the overall impact on the intended beneficiaries. The court found that the agreement met the legislative requirements and was in the best interest of the aged care recipients. Consequently, the court granted the approval sought by AnglicareSA Limited. The final orders confirmed the approval of the AnglicareSA Limited Aged Care Agreement 2015, effective from the date of the judgment.

AnglicareSA Limited T/A AnglicareSA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established