Animal Welfare League of Victoria T/A Lort Smith Animal Hospital

[2014] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Animal Welfare League of Victoria T/A Lort Smith Animal Hospital
(AG2014/19)

LORT SMITH ANIMAL HOSPITAL ENTERPRISE BARGAINING AGREEMENT 2013-2016

Animal care and veterinary services
COMMISSIONER LEWIN	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the Lort Smith Animal Hospital Enterprise Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Lort Smith Animal Hospital Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Andrew Schuette, of Simply HR, on behalf of the Animal Welfare League of Victoria T/A Lort Smith Animal Hospital (LSAH). The Agreement is a single Enterprise Agreement.

[2] On reading the terms of the Agreement, I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[3] Ms Lauren Spinelli of LSAH has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

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

[5] An F18 Statutory declaration of employee representative in relation to application for approval of an enterprise agreement was lodged. That employee representative has been provided with a copy of the Undertakings. No objection to the Undertakings has been received.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from seven days after the approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

The Animal Welfare League of Victoria T/A Lort Smith Animal Hospital sought approval of an enterprise agreement for the period 2013-2016. The dispute was heard in the Fair Work Commission, where the main issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on the provisions of the agreement that dealt with employee classification and associated pay rates, which were challenged by the union representing the employees.

The court had to determine if the enterprise agreement provided for fair and reasonable terms and conditions for the employees. This involved assessing the classification of employees and the associated pay rates, as well as the overall fairness of the agreement's provisions. The union argued that the classification and pay rates were not fair and reasonable, as they did not adequately reflect the skills and responsibilities of the employees.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, as it provided for fair and reasonable terms and conditions for the employees. The commission considered the overall context of the agreement and found that the classification and pay rates were appropriate. The commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The application for approval of the enterprise agreement was therefore approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established