DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aged Care Quality Agency
(AG2016/7906)

AUSTRALIAN AGED CARE QUALITY AGENCY ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2017

Application for approval of the Australian Aged Care Quality Agency Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aged Care Quality Agency Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Aged Care Quality Agency. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The CPSU, the Community and Public Sector Union and the 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2017. The nominal expiry date of the Agreement is 12 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were the Australian Aged Care Quality Agency and the Health Services Union. The dispute was about the approval of the Australian Aged Care Quality Agency Enterprise Agreement 2016-2019. The Fair Work Commission was the court that heard the case.

The central legal issues that the court needed to decide were whether the proposed enterprise agreement was fair and reasonable, and if it complied with the relevant legislative framework. Specifically, the court had to consider whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. These laws mandate that enterprise agreements must be free from coercion and undue influence, provide for proper and fair consideration of the interests of both employers and employees, and ensure that the agreement is in the best interests of the employees.

The court concluded that the proposed agreement met the legal requirements for approval. The court found that the agreement was fair and reasonable, and that it did not contain any terms that were contrary to public policy or that would undermine the purpose of the Fair Work Act. The court also found that the agreement provided for proper and fair consideration of the interests of both the employer and the employees, and that it was in the best interests of the employees. The court approved the Australian Aged Care Quality Agency Enterprise Agreement 2016-2019.

The court's decision was based on a detailed analysis of the proposed agreement and the relevant legislative framework. The court found that the agreement contained appropriate provisions for the protection of employees' rights and interests, and that it provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was consistent with the principles of good faith bargaining and that it would promote industrial harmony. The court approved the agreement, and it is now in effect.

Australian Aged Care Quality Agency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established