DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge and The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens
(AG2016/1625)

ADVANTAGE CARE NON CLINICAL STAFF GREENFIELD ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Advantaged Care Non Clinical Staff Greenfield Enterprise Agreement 2016 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge and The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Health Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with and that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 5 August 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the Advantaged Care Non Clinical Staff Greenfield Enterprise Agreement 2016 - 2018, between the employers, The Trustee for the Prestons Lodge Trust trading as Advantaged Care at Prestons Lodge and The Trustee for the Oakhurst Gardens Trust trading as Advantaged Care at Oakhurst Gardens, and the employees represented by the Health Services Union of Australia. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in relation to the process by which the agreement was developed and the extent to which it complied with the Fair Work (Registered Organisations) Act 2009.

The legal issues centred on whether the agreement had been fairly and properly made, whether the parties had negotiated in good faith, and whether the agreement was consistent with the provisions of the Fair Work Act. The FWC considered whether the Health Services Union of Australia was a genuine union and whether the employers had provided adequate notice of the proposed changes and the opportunity for employees to make submissions. Additionally, the FWC evaluated whether the agreement adequately addressed the rights and interests of the employees, particularly in relation to the conditions of employment and the bargaining process.

In making its decision, the FWC found that the agreement was made in good faith and complied with the statutory requirements. The FWC considered that the Health Services Union of Australia was a genuine union and that the employers had provided appropriate notice and opportunity for submissions. The FWC also determined that the agreement adequately addressed the rights and interests of the employees, including the conditions of employment and the bargaining process. As a result, the FWC approved the Advantaged Care Non Clinical Staff Greenfield Enterprise Agreement 2016 - 2018.

The final orders of the FWC were that the Advantaged Care Non Clinical Staff Greenfield Enterprise Agreement 2016 - 2018 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and be binding on the parties until the expiration of its term. The FWC's decision provided clarity and certainty for both the employers and employees involved, ensuring that the agreement met the necessary legal standards for approval and registration.

The Trustee for the Prestons Lodge Trust T/A Advantaged Care at Prestons Lodge and The Trustee for the Oakhurst Gardens Trust T/A Advantaged Care at Oakhurst Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established