DECISION

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

Doutta Galla Aged Services Ltd T/A Doutta Galla Aged Services
(AG2015/1792)

DOUTTA GALLA AGED SERVICES LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the Doutta Galla Aged Services Ltd, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Doutta Galla Aged Services Ltd, ANMF and HSU 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 Doutta Galla Aged Services Ltd (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 & 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] 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.

[5] 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 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Doutta Galla Aged Services Ltd T/A Doutta Galla Aged Services was the applicant in an application before the Fair Work Commission, contesting the approval of the Doutta Galla Aged Services Ltd, ANMF and HSU Enterprise Agreement 2014. The applicant sought to challenge the fairness of the agreement, arguing it did not meet the necessary standards under the Fair Work Act 2009. The legal issues at the heart of the dispute centred on whether the enterprise agreement contained provisions that were inconsistent with the Fair Work Act and whether the agreement had been appropriately negotiated.

The Commission examined the fairness of the agreement by considering whether it complied with the procedural and substantive fairness tests as stipulated by the Fair Work Act. The applicant argued that certain provisions of the agreement were unfair, particularly those relating to pay rates and conditions. The Commission needed to determine if these provisions were consistent with the Act and if the agreement had been fairly negotiated. The Commission also needed to consider whether any unfair provisions could be excised from the agreement without undermining its overall purpose and balance.

After reviewing the submissions and evidence presented by both parties, the Commission found that while some provisions of the agreement were indeed unfair, they could be excised without compromising the overall fairness or purpose of the agreement. The Commission was satisfied that the remaining provisions met the criteria for procedural and substantive fairness. The agreement was approved in its amended form, ensuring compliance with the Fair Work Act. The final orders included the approval of the amended enterprise agreement, with specific provisions removed to address the fairness concerns raised by the applicant.

Doutta Galla Aged Services Ltd T/A Doutta Galla Aged Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established