Australian Animal Hospitals Pty Ltd T/A Vetwest

[2014] FWCA 7749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Animal Hospitals Pty Ltd T/A Vetwest
(AG2014/9247)

VETWEST ENTERPRISE AGREEMENT 2014

Animal care and veterinary services
COMMISSIONER WILLIAMS	PERTH, 31 OCTOBER 2014

Application for approval of the Vetwest Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vetwest 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 Australian Animal Hospitals Pty Ltd T/A Vetwest. The Agreement is a single-enterprise agreement.

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

[3] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

provides information to the employees about the change; and

invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

considers any views given by the employees about the impact of the change; and

allows for the representation of those employees for the purposes of that consultation.

Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

SCHEDULE A

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Australian Animal Hospitals Pty Ltd trading as Vetwest, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question was the Vetwest Enterprise Agreement 2014. The dispute arose between the employer and the employees represented by the Australian Veterinary Association. The crux of the matter lay in the interpretation and application of various provisions within the agreement, particularly those concerning classification of employees, wage rates, and other employment conditions.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key concerns included the fairness and reasonableness of the agreement, its compliance with the 'better off overall test', and its adherence to the provisions regarding minimum rates of pay, penalty rates, and other employment conditions. Additionally, the Commission had to consider whether the agreement provided for adequate consultation and negotiation processes.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement generally met the statutory requirements, including the better off overall test. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions, ensuring that employees would not be worse off overall. It also noted that the proposed wage increases and other conditions were consistent with industry standards and fair market practices. Consequently, the Commission approved the Vetwest Enterprise Agreement 2014, subject to certain minor amendments to ensure full compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established