DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elm Aged Living Pty Ltd
(AG2016/4438)

ELM AGED LIVING PTY LTD ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Elm Aged Living Pty Ltd Enterprise Agreement 2016.

[1] On 13 July 2016 Elm Aged Living Pty Ltd (Applicant) made an application for approval of the Elm Aged Living Pty Ltd 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.

[1] The Australian Nursing and Midwifery Federation and the Health Services Union T/A the Health Workers Union, 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 these organisations.

[2] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 September 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

Elm Aged Living Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement that it had negotiated with various unions. The application was opposed by the Australian Services Union and the Health Services Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the proposed agreement provided for the proper protection of employees' wages, conditions, and other entitlements, as required by the Fair Work Act. The Commission had to assess whether the agreement was in the best interests of the employees and whether it met the "better off overall test". The Commission also considered whether the agreement provided for adequate dispute resolution mechanisms and whether it complied with the requirements for bargaining in good faith.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement, including the provisions for wages, leave entitlements, and other benefits. The Commission found that the agreement provided for appropriate protections for employees and met the better off overall test. The Commission also considered the submissions of the parties and the evidence provided, including the views of the employees. Ultimately, the Commission determined that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Elm Aged Living Pty Ltd Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees and provided for adequate protections for their wages, conditions, and entitlements. The Commission also found that the agreement met the better off overall test and provided for appropriate dispute resolution mechanisms. The approval of the agreement is significant for the employees of Elm Aged Living Pty Ltd, as it provides them with a legally binding framework for their employment terms and conditions.

Elm Aged Living Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established