DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal Aged Care
(AG2018/1129)

OPAL AGED CARE (QLD) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Opal Aged Care (QLD) Enterprise Agreement 2017.

[1] Domain Aged Care (Qld) Pty Ltd and DPG Services Pty Ltd trading as Opal Aged Care (Opal) has applied for approval of a single-enterprise agreement known as the Opal Aged Care (QLD) Enterprise Agreement 2017 (the Agreement).

[2] On 19 November 2018 I issued a decision setting out my preliminary findings in relation to the Agreement. 1

[3] Opal filed written undertakings in accordance with directions issued on 26 November 2018. A copy of these undertakings is attached in Annexure A. After considering the views of the Australian Nursing and Midwifery Federation (ANMF) in relation to the undertakings, I have decided to accept the undertakings without change.

[4] I am satisfied that the undertakings given by Opal will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Subject to the undertakings at Annexure A, I am also satisfiedthat each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have now been met.

[6] The ANMF, The Australian Workers’ Union and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal Aged Care [2018] FWC 7601

CaseChat Overview and Summary

In the recent decision, Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd trading as Opal Aged Care applied to the Fair Work Commission for approval of the Opal Aged Care (QLD) Enterprise Agreement 2017. The application involved the review of the agreement's compliance with the Fair Work Act 2009 and ensuring that it met the statutory requirements for enterprise agreements. The applicants sought to have the agreement certified as a single-enterprise agreement, which would make it applicable to all employees of Opal Aged Care.

The legal issues before the commission encompassed whether the agreement contained all the mandatory provisions required by the Fair Work Act, and whether it adhered to the procedural requirements for enterprise agreements. The commission needed to ascertain that the agreement had been genuinely negotiated between the employer and the employees, and whether the agreement provided for a fair and efficient workplace. The commission also examined whether the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act.

After carefully reviewing the evidence and the arguments presented by the parties, the Fair Work Commission found that the Opal Aged Care (QLD) Enterprise Agreement 2017 met the necessary statutory requirements. The commission was satisfied that the agreement contained all the mandatory provisions and was genuinely negotiated between the parties. It was determined that the agreement was in the best interests of the employees and complied with the Fair Work Act. Consequently, the commission approved the application for the agreement's certification as a single-enterprise agreement.

The Fair Work Commission's decision to approve the Opal Aged Care (QLD) Enterprise Agreement 2017 serves as an important reminder of the importance of ensuring that enterprise agreements meet the statutory requirements and are genuinely negotiated between the parties. The commission's decision highlights the need for employers and employees to work together in good faith to create fair and efficient workplaces. This case underscores the importance of compliance with the Fair Work Act and the commission's role in reviewing and approving enterprise agreements.

Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal 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