The Trustee for the Georges Manor Trust Summary

[2016] FWCA 1535

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for the Georges Manor Trust T/A Advantaged Care at

Georges Manor

(AG2016/426)

ADVANTAGED CARE AT GEORGES MANOR NON CLINICAL STAFF

ENTERPRISE AGREEMENT 2016-2018

Aged care industry

COMMISSIONER JOHNS

SYDNEY, 10 MARCH 2016

Application for approval of the Advantaged Care at Georges Manor Non Clinical Staff

Enterprise Agreement 2016-2018.

[1] On 25 February 2016 The Trustee for the Georges Manor Trust T/A Advantaged Care

at Georges Manor (Applicant) made an application for approval of the Advantaged Care at

Georges Manor 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.
[2016] FWCA 1535

[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, AE418172 PR577863

[2016] FWCA 1535

Annexure A

[2016] FWCA 1535

CaseChat Overview and Summary

The Trustee for the Georges Manor Trust, trading as Advantaged Care at Georges Manor, applied for approval of the Advantaged Care at Georges Manor Non Clinical Staff Enterprise Agreement 2016-2018. This application was made under section 185 of the Fair Work Act 2009. The applicant sought to have the enterprise agreement approved by the Fair Work Commission, which is the body responsible for overseeing such agreements under the Act.

The legal issues before the Commission included whether the agreement met all the necessary requirements under the Fair Work Act for it to be approved, including the provisions of sections 186, 187, 188, and 190. Additionally, the Commission had to determine whether the agreement would cause financial detriment to any employees covered by it and whether it would result in substantial changes to the agreement. The Health Services Union of Australia, a bargaining representative for the agreement, also indicated its acceptance of the undertakings provided by the applicant.

The Commission found that the application for approval of the agreement was lodged within the required timeframe and that the applicant had provided written undertakings that satisfied the Commission of their validity. The Commission was satisfied that the undertakings would not cause financial detriment to any employee and would not result in substantial changes to the agreement. Furthermore, the Health Services Union of Australia indicated its acceptance of the undertakings. As such, the Commission concluded that all the requirements under the Act for approval had been met.

The Fair Work Commission approved the Advantaged Care at Georges Manor Non Clinical Staff Enterprise Agreement 2016-2018. The agreement will operate from 17 March 2016, with a nominal expiry date of 31 December 2018. The approval was granted subject to the undertakings provided by the applicant, which the Commission deemed satisfactory.

The Trustee for the Georges Manor Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established