DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DPG Services Pty Ltd T/A Opal Aged Care
(AG2018/3630)

OPAL AGED CARE (VICTORIA) ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2019

Application for approval of the Opal Aged Care (Victoria) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Opal Aged Care (Victoria) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DPG Services Pty Ltd T/A Opal Aged Care. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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 5 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were DPG Services Pty Ltd, trading as Opal Aged Care, and the Australian Nursing and Midwifery Federation. The dispute was an application for the approval of the Opal Aged Care (Victoria) Enterprise Agreement 2018. The matter was heard in the Fair Work Commission.

The legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was certified as a simple, single interest, enterprise agreement and if it was made in good faith and without coercion. The court also had to determine if the agreement provided for proper dispute resolution mechanisms and whether it was fair and reasonable in all its terms.

The Fair Work Commission found that the Opal Aged Care (Victoria) Enterprise Agreement 2018 met all the statutory requirements for approval. The agreement was certified as a single interest, enterprise agreement, and the commission was satisfied that it was made in good faith and without coercion. The commission determined that the agreement contained appropriate dispute resolution mechanisms and was fair and reasonable in all its terms. The court approved the agreement, allowing it to be registered and in effect from the date of the decision.

The final orders of the court were that the Opal Aged Care (Victoria) Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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