DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters
(AG2016/427)

ADVANTAGED CARE AT BONDI WATERS NON CLINICAL STAFF ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2016

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

[1] On 25 February 2016 The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters (Applicant) made an application for approval of the Advantaged Care at Bondi Waters 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, AE418173 PR577864

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Trustee for the Bondi Waters Trust, trading as Advantaged Care at Bondi Waters, for approval of the Advantaged Care at Bondi Waters Non Clinical Staff Enterprise Agreement 2016-2018. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the requirements set out in the Act, including fairness and other relevant statutory provisions.

The key legal issues addressed by the Commission were whether the agreement was free from prohibited content, and if it was genuinely negotiated and met the procedural fairness standards. The Commission examined the processes involved in the negotiation of the agreement, the nature of the bargaining, and the fairness of the terms and conditions proposed within the agreement. The Commission also had to assess if the agreement was appropriately tailored to the needs of the employees and the employer, balancing their interests within the framework of the Act.

In reaching its decision, the Commission considered the evidence provided by both parties, including submissions on the negotiation process and the terms of the agreement. The Commission found that the negotiation process was generally fair and that the agreement did not contain any content that was prohibited under the Act. The terms of the agreement were deemed to be fair and reasonable, taking into account the needs of both the employees and the employer. Consequently, the Commission approved the Advantaged Care at Bondi Waters Non Clinical Staff Enterprise Agreement 2016-2018, finding it to be compliant with the statutory requirements.

The final orders of the Commission were that the proposed enterprise agreement be approved as a certified agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, effective from the date of the Commission's decision.

The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established