DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DPG Services Pty Ltd T/A Opal Aged Care
(AG2015/5815)

OPAL AGED CARE (VICTORIA) ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Opal Aged Care (Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Opal Aged Care (Victoria) Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 15 October 2015 and, in accordance with s.54 of the Act, will operate from 22 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, DPG Services Pty Ltd trading as Opal Aged Care, sought approval of the Opal Aged Care (Victoria) Enterprise Agreement 2015 under section 231 of the Fair Work Act 2009. The respondents, the Australian Council of Trade Unions and the Australian Services Union, opposed the application, arguing that the agreement did not meet the requirements for approval under the Act. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions governing the approval of enterprise agreements. Specifically, the Commission had to determine whether the agreement contained the necessary minimum terms and conditions, including the provision of a safety net of minimum entitlements, and whether it had been made in good faith and without the coercion or duress of any party.

The Commission found that the agreement satisfied the requirements for approval. It included a comprehensive set of minimum terms and conditions, ensuring that employees received the minimum entitlements specified by the Act. Furthermore, the Commission was satisfied that the agreement had been made in good faith and without any improper influence or coercion. The applicants had demonstrated a genuine effort to negotiate with the unions and had provided sufficient evidence to support their claims.

As a result, the Fair Work Commission approved the Opal Aged Care (Victoria) Enterprise Agreement 2015. The decision confirmed the validity of the agreement and its compliance with the statutory requirements, thereby allowing it to come into effect and govern the employment conditions of the relevant employees.

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