DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd
(AG2014/7907)

ESTIA HEALTH AND AWU - QUEENSLAND AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 10 DECEMBER 2014

Application for approval of the Estia Health and AWU - Queensland Aged Care Employees Enterprise Agreement 2014.

[1] On 17 October 2014 Miles Witt Partnership on behalf of Estia Investments Pty Ltd (Applicant) made an application for approval of the Estia Health and AWU - Queensland Aged Care Employees 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 Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Estia Investments Pty Ltd, trading as Estia Health, sought approval for the Estia Health and AWU - Queensland Aged Care Employees Enterprise Agreement 2014. The Australian Workers' Union, Queensland Branch, was the other party to the agreement, and the application was made to the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for aged care employees within Estia Health, with the primary focus being on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the enterprise agreement was a "good faith" bargain, whether it complied with the provisions of the Fair Work Act, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider if the agreement satisfied the "better off overall test," ensuring that employees were not worse off by being covered under the agreement compared to their previous conditions.

The Fair Work Commission assessed the agreement, focusing on its provisions concerning wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement met the requirements of the Fair Work Act, including the good faith test and the better off overall test. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment and approved the Estia Health and AWU - Queensland Aged Care Employees Enterprise Agreement 2014. The decision was made on the basis that the agreement did not disadvantage employees and provided for their fair remuneration and working conditions.

Estia Investments 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