DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ararat Retirement Village Inc. T/A Gorrinn Village
(AG2016/4947)

ARARAT RETIREMENT VILLAGE INC. (GORRINN VILLAGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Ararat Retirement Village Inc. (trading as Gorrinn Village), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ararat Retirement Village Inc. (trading as Gorrinn Village), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ararat Retirement Village Inc. T/A Gorrinn Village. 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 Health Services Union of Australia and the Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Ararat Retirement Village Inc. T/A Gorrinn Village, the applicant sought approval for a specific enterprise agreement, which was in dispute. The matter was heard in the Fair Work Commission. The applicant, Ararat Retirement Village Inc. (trading as Gorrinn Village), sought to have the enterprise agreement between itself and the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) approved. The agreement in question was the 2014 Enterprise Agreement. The legal issues before the court involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was fairly and genuinely made, provided for the proper and efficient operation of the workplace, and was free from any coercive or unfair conduct.

The court considered various aspects of the agreement, including the process by which it was negotiated and the fairness of its terms. The court also examined if the agreement provided adequate protection for employees and if it met the standards set out in the Fair Work Act. It was crucial for the court to determine whether the agreement was made without any coercion or undue influence and whether it appropriately balanced the interests of both the employer and the employees. Ultimately, the court found that the agreement satisfied all the necessary criteria for approval. The terms were considered fair, the negotiation process was deemed to be free from any undue influence, and the agreement was seen as beneficial for both parties. The court concluded that the agreement was genuinely and fairly made, and approved it accordingly.

The Fair Work Commission approved the 2014 Enterprise Agreement between Ararat Retirement Village Inc. (trading as Gorrinn Village), ANMF and HSU. The decision was made on the basis that the agreement met all the legal requirements for approval under the Fair Work Act 2009. The court found that the agreement was fairly and genuinely negotiated, provided for the efficient operation of the workplace, and did not involve any coercive or unfair conduct. The approval of the agreement allows it to come into effect, thereby providing a stable and fair working environment for the employees.

Ararat Retirement Village Inc. T/A Gorrinn Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established