DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neami Limited
(AG2015/5969)

NEAMI LIMITED NATIONAL EMPLOYMENT AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Neami Limited National Employment Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Neami Limited National Employment Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neami Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 4 November 2015 and, in accordance with s.54 of the Act, will operate from 11 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neami Limited applied for approval of the National Employment Agreement 2015. The Fair Work Commission was asked to consider the application under the Fair Work Act 2009. The agreement was put forward by Neami Limited, which provides mental health services in New South Wales, Victoria, and the Australian Capital Territory. The Australian Council of Trade Unions and the Health Services Union were involved in the negotiations and were seeking approval of the agreement.

The primary issue before the commission was whether the agreement met the requirements of the Fair Work Act and provided for fair and equitable terms and conditions of employment. The commission needed to determine if the agreement was in the interests of employees, employers, and the community. The agreement included provisions for wages, leave, dispute resolution, and other employment terms.

After considering submissions from the parties and reviewing the agreement, the commission found that the National Employment Agreement 2015 met the requirements of the Fair Work Act. The commission determined that the agreement was fair and equitable, and it was in the interests of employees, employers, and the community. The commission approved the agreement, and it will apply to Neami Limited and its employees from 1 January 2016.

The commission ordered that the National Employment Agreement 2015 be approved and registered under the Fair Work Act. The agreement will apply to Neami Limited and its employees, and it will be in effect from 1 January 2016. The commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved in the negotiations.

Neami Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established