DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arpad Elderly Welfare Society Inc T/A Arpad Aged Care
(AG2016/2553)

ARPAD ELDERLY WELFARE SOCIETY INC. (TRADING AS ARPAD AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Arpad Elderly Welfare Society Inc. (trading as Arpad Aged Care), ANMF and HSU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Arpad Elderly Welfare Society Inc. (trading as Arpad Aged Care), ANMF and HSU 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 Arpad Elderly Welfare Society Inc T/A Arpad Aged Care. 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 and Midwifery Federation and the Health Services Union of Australia 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Arpad Elderly Welfare Society Inc., trading as Arpad Aged Care, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), for their Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for the employees of Arpad Aged Care, specifically whether the proposed agreement was in accordance with the provisions of the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement met the requirements of the Fair Work Act, particularly in relation to the "no disadvantage test" which ensures that employees under the agreement are not worse off than they would be under the applicable award or registered agreement. The Commission also needed to determine whether the agreement provided for a fair and reasonable method for resolving disputes and whether it included appropriate protections for employees. Another issue was whether the agreement was made in good faith and whether it had been fairly negotiated.

The Fair Work Commission found that the agreement met the no disadvantage test and contained appropriate protections for employees. The Commission noted that the agreement provided for a fair and reasonable method for resolving disputes, and that it had been made in good faith and fairly negotiated. The Commission was satisfied that the agreement was in accordance with the Fair Work Act and approved it. The Commission noted that the agreement provided for a fair and reasonable method for resolving disputes, and that it had been made in good faith and fairly negotiated. The Commission was satisfied that the agreement was in accordance with the Fair Work Act and approved it.

As a result of the Commission's approval, the Arpad Elderly Welfare Society Inc., trading as Arpad Aged Care, ANMF and HSU Enterprise Agreement 2015 is now a legally binding agreement between the parties. The agreement sets out the terms and conditions of employment for the employees of Arpad Aged Care and provides a framework for the resolution of any disputes that may arise. The approval of the agreement ensures that the employees of Arpad Aged Care are protected under a fair and reasonable agreement that meets the requirements of the Fair Work Act.

Arpad Elderly Welfare Society Inc T/A Arpad Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established