DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DLW Health Services Pty Ltd atf DLW Health Services Trust T/A Footscray Aged Care
(AG2014/10787)

DLW HEALTH SERVICES PTY LTD AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the DLW Health Services Pty Ltd Aged Care Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the DLW Health Services Pty Ltd Aged Care 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 Victorian Hospitals Industrial Association (the Applicant).

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

[3] The Australian Nursing and Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

In the Fair Work Commission, DLW Health Services Pty Ltd, acting on behalf of the DLW Health Services Trust trading as Footscray Aged Care, sought approval for the DLW Health Services Pty Ltd Aged Care Enterprise Agreement 2014. The application involved a dispute between the employer and its employees regarding the terms and conditions of employment. The Fair Work Commission was tasked with assessing whether the agreement met the necessary legal standards for approval.

The central legal issues the Commission addressed were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission also needed to consider whether the agreement contained all the necessary mandatory terms and if it had been genuinely negotiated between the employer and the employees.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission also determined that the agreement met the BOOT, as it provided employees with improved conditions and benefits that outweighed any financial disadvantages. The Commission concluded that the application for approval should be granted.

As a result, the Fair Work Commission approved the DLW Health Services Pty Ltd Aged Care Enterprise Agreement 2014. The decision confirmed that the agreement was valid and could be implemented, providing a new framework for the employment conditions of the staff at Footscray Aged Care. This ruling set a precedent for similar agreements in the aged care sector, ensuring that they meet the statutory requirements and the interests of both employers and employees.

DLW Health Services Pty Ltd atf DLW Health Services Trust T/A Footscray 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