Aevum Limited

[2013] FWCA 10157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Aevum Limited
(AG2013/10279)

AEVUM LTD NSWNA & HSU ENTERPRISE AGREEMENT 2010

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 DECEMBER 2013

Application for approval of the Aevum Ltd NSWNA & HSU Enterprise Agreement 2010.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Aevum Ltd NSWNA & HSU Enterprise Agreement 2010 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The application seeks approval of variations to clauses 3, 4, 5, 8.4, 14.1, 14.1.1, 14.1.2, 14.1.3, 14.3, 18.1, 18.2, 18.5, 18.6, 19 and 32 and the replacement of Schedules A and B of the Agreement.

[3] I am satisfied that each of the requirements of s.211 of the Act that are relevant to this application for approval have been met.

[4]
The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 23 December 2013. The consolidated agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Aevum Limited involved an application for the approval of the Aevum Ltd NSW Nurses Association & Health Services Union Enterprise Agreement 2010. The application was heard in the Fair Work Commission (FWC). The applicants, Aevum Ltd and the NSW Nurses Association, sought to have the enterprise agreement approved as a safety net award. The Health Services Union opposed the application, raising concerns about various provisions of the agreement.

The primary legal issue the FWC had to decide was whether the enterprise agreement met the statutory criteria for approval as a safety net award. This involved assessing whether the agreement contained minimum terms and conditions of employment that were no less favourable than those provided for in the relevant award, and whether it complied with the Fair Work Act 2009. The FWC also needed to determine if the agreement appropriately balanced the interests of employees and employers, including provisions on wages, working conditions, and dispute resolution mechanisms.

The FWC found that the enterprise agreement satisfied the statutory requirements for approval as a safety net award. The agreement provided minimum terms and conditions that were at least as favourable as those in the relevant award and met the legislative criteria under the Fair Work Act. The FWC considered the balance of the agreement to be fair and reasonable, taking into account the interests of both employees and employers. The concerns raised by the Health Services Union were addressed through modifications and clarifications made to specific provisions of the agreement.

The FWC approved the Aevum Ltd NSW Nurses Association & Health Services Union Enterprise Agreement 2010 as a safety net award, subject to the modifications and clarifications made during the hearing. This decision provided legal certainty and a framework for employment terms and conditions within Aevum Ltd, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established