DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doutta Galla Aged Services Ltd
(AG2019/5069)

DOUTTA GALLA AGED SERVICES LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2019-2022

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2020

Application for approval of the Doutta Galla Aged Services Ltd, ANMF and HSU Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Doutta Galla Aged Services Ltd, ANMF and HSU Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doutta Galla Aged Services Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that Clauses 56.13(e), 54.5(c) and 55.5(e) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Doutta Galla Aged Services Ltd sought court approval for the terms of a proposed enterprise agreement with its employees represented by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute was heard by the Fair Work Commission (FWC) in Australia. The applicants argued that the proposed enterprise agreement would provide fair and reasonable terms and conditions for the employees. The opposition was raised by some employees who claimed that the proposed agreement did not adequately address certain working conditions and remuneration issues.

The primary legal issues for the FWC to determine were whether the proposed enterprise agreement met the statutory requirements for approval, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural fairness requirements. The FWC had to consider the evidence presented by both parties and assess the balance of benefits and detriments to the employees as a whole. The FWC also needed to determine if the agreement was negotiated in good faith and if the process followed was fair and reasonable.

In its decision, the FWC examined the evidence and submissions from both sides. The Commission found that the proposed enterprise agreement provided fair and reasonable terms and conditions of employment for the majority of the employees. The FWC considered that the agreement addressed key issues such as wages, working hours, and leave entitlements in a balanced manner. The FWC also concluded that the negotiation process was conducted in good faith and that the procedural fairness requirements were met. The FWC approved the proposed enterprise agreement based on these findings.

The FWC made an order approving the Doutta Galla Aged Services Ltd, ANMF and HSU Enterprise Agreement 2019-2022, effective from the date of the decision. This order mandates the terms of the agreement to be binding on the parties involved, ensuring that the employees' terms and conditions of employment are governed by the approved agreement.

Doutta Galla Aged Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established