DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DPG Services Pty Ltd T/A Opal Aged Care
(AG2016/3911)

OPAL AGED CARE (NSW) ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 23 AUGUST 2016

Application for approval of the Opal Aged Care (NSW) Enterprise Agreement 2016.

[1] On 14 July 2016 DPG Services Pty Ltd T/A Opal Aged Care (Applicant) made an application for approval of the Opal Aged Care (NSW) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Health Services Union of Australia, the New South Wales Nurses and Midwives’ Association 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), the Commission notes that the Agreement covers the organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DPG Services Pty Ltd, trading as Opal Aged Care, applied to the Fair Work Commission for approval of the Opal Aged Care (NSW) Enterprise Agreement 2016. The dispute centred around whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement complied with the legislative requirements, particularly focusing on the provisions that affected the employees' conditions and the process through which the agreement was formed.

The legal issues before the commission included the procedural fairness of the bargaining process, the compliance of the agreement's terms with the Fair Work Act, and whether the agreement provided for appropriate protections and entitlements for the employees. The commission had to scrutinise the negotiation process to ensure that it was conducted in good faith and that all parties were given a fair opportunity to participate. Additionally, the commission examined the substantive terms of the agreement to ensure that they met the minimum standards prescribed by the Act.

The Fair Work Commission found that the negotiation process was conducted in a procedurally fair manner, with all parties having an opportunity to engage in the discussions. The commission also determined that the terms of the agreement met the minimum standards set out in the Fair Work Act. The agreement provided adequate protections and entitlements for the employees, including provisions for wages, leave, and other conditions of employment. Consequently, the commission approved the Opal Aged Care (NSW) Enterprise Agreement 2016, confirming its compliance with the relevant legislative requirements.

As a result of the decision, the Opal Aged Care (NSW) Enterprise Agreement 2016 was approved and registered, thereby becoming a legally binding document governing the employment conditions of the employees. The commission's approval ensured that the agreement would provide a fair and equitable framework for the employer and employees, with the terms and conditions of employment now governed by the agreement.

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