DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adria Village Ltd
(AG2017/6531)

ADRIA VILLAGE LTD ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 13 JUNE 2018

Application for approval of the Adria Village Ltd Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Adria Village Ltd Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adria Village Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The Agreement lodged contained an error at Schedule B, Table 4. On the 27 April 2018, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Voice (UV), Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Adria Village Ltd Enterprise Agreement 2017-2020. Adria Village Ltd, the applicant, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the negotiation and subsequent agreement between the employer and its employees, represented by the Transport Workers Union of Australia.

The central legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether it had been fairly and genuinely negotiated and whether it met the ‘better off overall test’. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In reaching its decision, the Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the submissions made by the Transport Workers Union of Australia. The Commission found that the agreement had been fairly and genuinely negotiated and met the ‘better off overall test’. The court was satisfied that all provisions of the agreement were compliant with the Fair Work Act and did not contravene any public policy considerations. Consequently, the court approved the enterprise agreement as a registered agreement.

The final orders of the court approved the Adria Village Ltd Enterprise Agreement 2017-2020 as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement is now legally binding on both the employer and the employees covered by the agreement.

Adria Village Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established