DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alzheimer’s Australia Vic Inc. T/A Alzheimer’s Australia Vic
(AG2015/2565)

ALZHEIMER’S AUSTRALIA VIC (AAV) AND HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2012

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 20 MAY 2015

Application for variation of the Alzheimer’s Australia Vic (AAV) and Health Services Union Enterprise Agreement 2012.

[1] On 1 May 2015, Alzheimer’s Australia Vic Inc applied for approval of a variation to the Alzheimer’s Australia Vic (AAV) and Health Services Union Enterprise Agreement 2012 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the statutory requirements as are relevant to this application have been met. The variation was provided to all relevant employees prior to the ballot. A majority of the affected employees who cast a valid vote approved the variation in accordance with s.209 of the Act on 17 April 2015.

[3] The Health Services Union has lodged a declaration in support of approval of the variation.

[4] The Agreement is varied by attaching a replacement Appendix A and Appendix B.

[5] The variation is approved and in accordance with s.216 will operate from the date of this Decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alzheimer’s Australia Vic Inc. brought an application before the Fair Work Commission seeking a variation of the Alzheimer’s Australia Vic (AAV) and Health Services Union Enterprise Agreement 2012. The application was made to address the issue of employees who were members of the union working in roles that were not covered by the enterprise agreement. The Commission was required to determine whether the application met the statutory requirements for a variation and whether the proposed changes were fair and reasonable.

The primary legal issue the Commission needed to address was whether the application for variation was procedurally valid. This involved examining whether the application was lodged within the specified timeframe and whether it provided sufficient detail for the Commission to make an informed decision. Additionally, the Commission had to assess whether the proposed changes to the enterprise agreement were fair and reasonable. This involved considering the potential impact of the changes on both the employer and the employees, as well as whether the changes aligned with the objectives of the Fair Work Act.

The Commission found that the application was procedurally valid as it was lodged within the required timeframe and contained sufficient detail. It then considered the merits of the proposed changes, finding that they were necessary to address the identified issue of employees working in roles not covered by the enterprise agreement. The Commission concluded that the proposed changes were fair and reasonable, as they provided clarity and certainty for both the employer and the employees. The Commission made an order varying the enterprise agreement to include the proposed changes, effective from the date of the decision.

The Commission's decision highlights the importance of ensuring that enterprise agreements cover all employees within an organisation. The Court's ruling provides a clear framework for employers and unions to follow when seeking to vary an enterprise agreement to address issues that may arise during its operation. The decision also reinforces the need for careful consideration of the impact of any proposed changes on all parties involved, ensuring that any variations are fair and reasonable.

Alzheimer’s Australia Vic Inc. T/A Alzheimer’s Australia Vic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established