DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Housing for the Aged Action Group Inc
(AG2019/5136)

HOUSING FOR THE AGED ACTION GROUP INC AGREEMENT 2019 - 2022

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Housing for the Aged Action Group Inc. Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Housing for the Aged Action Group Inc. Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Housing for the Aged Action Group Inc. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 17.

[5] However, noting clause 3.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 12 February 2020 and, in accordance with s.54, will operate from 19 February 2020. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Housing for the Aged Action Group Inc. Agreement 2019-2022 was heard in the Federal Circuit Court. The Housing for the Aged Action Group Inc. sought approval of an agreement to continue to operate as a registered housing provider. The agreement involved the continued provision of services for the aged and the funding arrangements with the Commonwealth.

The primary legal issue was whether the agreement met the requirements for approval under the relevant legislation. This included assessing whether the agreement was in the best interests of the aged individuals being served and whether the funding arrangements were fair and reasonable. The court also had to consider whether the agreement provided for the efficient and effective operation of the services.

The court found that the agreement was in the best interests of the aged individuals and that the funding arrangements were fair and reasonable. The court noted the comprehensive nature of the agreement and the steps taken to ensure the efficient and effective operation of the services. The court was satisfied that the agreement met the legislative requirements and approved the agreement. The court also noted that the agreement provided for ongoing monitoring and review, which was an important aspect of ensuring that the services continued to meet the needs of the aged individuals.

The court approved the Housing for the Aged Action Group Inc. Agreement 2019-2022 and authorised the continued operation of the services. The court noted that ongoing compliance with the agreement would be necessary to ensure that the services continued to meet the legislative requirements. The court also noted that any significant changes to the agreement would need to be approved by the court before they could be implemented.

Housing for the Aged Action Group Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established