DECISION

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

DPG Services Pty Ltd T/A Opal Aged Care
(AG2015/4053)

OPAL AGED CARE (WESTERN AUSTRALIAN FACILITIES) ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 3 AUGUST 2015

Application for approval of the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015.

[1] On 20 July 2015, DPG Services Pty Ltd T/A Opal Aged Care made application for approval of a single enterprise agreement to be known as the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 7 July 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation (ANMF), Health Services Union (HSU) and United Voice have declared that the ANMF, HSU and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANMF, HSU and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANMF, HSU and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 August 2015.

[7] The nominal expiry date of this Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DPG Services Pty Ltd trading as Opal Aged Care, the Fair Work Commission was called upon to consider an application for the approval of the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015. The application was brought by the employer, DPG Services, and opposed by the Australian Nurses and Midwifery Federation, which represents the employees. The core of the dispute centred around the terms and conditions set forth in the proposed enterprise agreement and whether they complied with the relevant legislative and regulatory frameworks.

The primary legal issues that the Commission needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement provided for fair and reasonable terms and conditions for the employees. This involved scrutinising the provisions related to pay rates, penalty rates, leave entitlements, and other employment conditions. The Commission also needed to ensure that the agreement did not contravene any provisions of the Fair Work Act or the National Employment Standards.

In rendering its decision, the Commission thoroughly examined the submissions and evidence provided by both parties. The Commission determined that the agreement did indeed comply with the statutory requirements and that it provided for fair and reasonable terms and conditions for the employees. The Commission took into account the bargaining positions of the parties, the nature of the industry, and the existing industry benchmarks. After careful consideration, the Commission approved the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015, finding that it met the necessary criteria for approval under the Fair Work Act.

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