DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd
(AG2016/3364)

ASALEO CARE AUSTRALIA PTY LTD LARAPINTA ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Asaleo Care Australia Pty Ltd Larapinta Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd Larapinta Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asaleo Care Australia Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 7 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asaleo Care Australia Pty Ltd applied to the Fair Work Commission for the approval of the Asaleo Care Australia Pty Ltd Larapinta Enterprise Agreement 2016. The application was opposed by the Australian Nursing and Midwifery Federation. The dispute involved the terms and conditions of employment for employees of Asaleo Care Australia Pty Ltd, specifically those covered by the proposed enterprise agreement. The legal issues before the Fair Work Commission included whether the proposed agreement provided for the employees' terms and conditions of employment in a manner that was procedurally and substantively compliant with the Fair Work Act 2009. The Commission examined whether the agreement met the requirements for procedural fairness, including whether Asaleo Care Australia Pty Ltd had taken steps to ensure that employees had the opportunity to genuinely participate in the agreement formation process. The Commission also considered whether the proposed agreement was in the employees' best interests, taking into account factors such as the balance of benefits and detriments to the employees, and whether it provided a safety net for those not covered by the agreement. Ultimately, the Fair Work Commission approved the Asaleo Care Australia Pty Ltd Larapinta Enterprise Agreement 2016, finding that it was appropriately formed and met the statutory requirements. The Commission determined that the agreement provided for the employees' terms and conditions of employment in a manner that was both procedurally and substantively compliant with the Fair Work Act 2009. The Commission was satisfied that Asaleo Care Australia Pty Ltd had taken reasonable steps to facilitate genuine employee participation and that the agreement was in the best interests of the employees. The final orders of the Fair Work Commission included the approval of the Asaleo Care Australia Pty Ltd Larapinta Enterprise Agreement 2016, which now governs the employment terms and conditions of the affected employees.

Asaleo Care Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established