Elm Aged Living Pty Ltd

[2014] FWCA 7401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elm Aged Living Pty Ltd
(AG2014/8943)

ELM AGED LIVING PTY LTD ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 20 OCTOBER 2014

Application for approval of the Elm Aged Living Pty Ltd Enterprise Agreement 2014.

[1] On 10 September 2014 Elm Aged Living Pty Ltd (Applicant) made an application for approval of the Elm Aged Living Pty Ltd Enterprise Agreement 2014 (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, have been met.

[4] The Australian Nursing and Midwifery Federation and Health Services 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Elm Aged Living Pty Ltd for the approval of the Elm Aged Living Pty Ltd Enterprise Agreement 2014. The applicant, Elm Aged Living, is a provider of aged care services and the agreement in question pertains to the terms and conditions of employment for its staff. The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements set out in the Fair Work Regulations 2009.

The Commission examined various aspects of the agreement, including its coverage of appropriate bargaining agents, the manner in which it was negotiated, and whether it provided for proper processes for the resolution of disputes. A critical issue was whether the agreement complied with the "better off overall test" under the Fair Work Act, which mandates that employees should not be worse off financially under the terms of the agreement compared to their existing conditions. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions prescribed by the Fair Work Act.

After a thorough examination, the Fair Work Commission found that the Elm Aged Living Pty Ltd Enterprise Agreement 2014 met the necessary statutory requirements and was made in accordance with the procedural guidelines. The Commission determined that the agreement was appropriately negotiated and that it provided for fair and reasonable terms and conditions for the employees. The Commission concluded that the agreement satisfied the better off overall test and included all mandated minimum terms and conditions.

The Commission approved the enterprise agreement, thereby allowing it to come into effect. The approval ensures that Elm Aged Living Pty Ltd and its employees are governed by the terms and conditions outlined in the agreement, subject to any further variations or amendments in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established