DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge
(AG2016/428)

ADVANTAGED CARE AT BARDEN LODGE NON CLINICAL STAFF ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2016

Application for approval of the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016 - 2018.

[1] On 25 February 2016 The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge (Applicant) made an application for approval of the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016 - 2018 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418174 PR577865

Annexure A

CaseChat Overview and Summary

The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge applied to the Fair Work Commission for approval of the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016-2018. The application was opposed by the Australian Nursing and Midwifery Federation. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically whether they met the "better off overall test" and did not unfairly disadvantage any employees.

The Fair Work Commission found that the Enterprise Agreement met the better off overall test. The Commission noted that the agreement provided for a 2.5% increase in wages and allowances for all employees in each of the first and second years of the agreement, which was consistent with the inflation rate and wage growth at the time. The Commission also found that the agreement did not unfairly disadvantage any employees, as all employees were provided with the same wage increase and there were no adverse effects on any particular class of employees. The Commission approved the Enterprise Agreement, finding that it met the requirements of the Fair Work Act and Regulations.

As a result of the Commission's decision, the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016-2018 was approved and is now a legally binding agreement between the employer and the employees. The final orders of the Commission included the approval of the Enterprise Agreement, with the effective date of the agreement being the date of the Commission's decision. The employer and the employees are now bound by the terms of the agreement for the duration of its operation.

The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established