DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Netherlands Australian Aged Services Association Inc
(AG2015/1306)

NETHERLANDS AUSTRALIAN AGED SERVICES ASSOCIATION INC AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 4 JUNE 2015

Application for approval of the Netherlands Australian Aged Services Association INC Aged Care Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Netherlands Australian Aged Services Association INC Aged Care Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Netherlands Australian Aged Services Association Inc. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch and United Voice (South Australian Branch), being a 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) of the Act I note that the Agreement covers the organisations.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Netherlands Australian Aged Services Association Inc applied to the Fair Work Commission for approval of the Netherlands Australian Aged Services Association INC Aged Care Employees Enterprise Agreement 2015. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission is the body responsible for approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained the necessary terms, and whether it complied with the provisions of the Fair Work Act 2009.

The Commission found that the agreement was made in good faith and contained the necessary terms. The Commission also found that the agreement complied with the provisions of the Fair Work Act 2009. The Commission approved the agreement, and it is now a legally binding enterprise agreement between the employer and the employees.

The Fair Work Commission approved the Netherlands Australian Aged Services Association INC Aged Care Employees Enterprise Agreement 2015, finding that it was made in good faith and contained the necessary terms. The agreement is now a legally binding enterprise agreement between the employer and the employees.

Netherlands Australian Aged Services Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established