AVIVE Health Pty Ltd Summary

[2023] FWCA 119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AVIVE Health Pty Ltd

(AG2022/5469)

AVIVE HEALTH VICTORIA NURSES GREENFIELDS AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 JANUARY 2023

Application for approval of the AVIVE Health Victoria Nurses Greenfields Agreement 2022

An application has been made for approval of a greenfields agreement known as the AVIVE Health Victoria Nurses Greenfields Agreement 2022 (the Agreement). The application was made by AVIVE Health Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation (the organisation) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

The Agreement was approved on 16 January 2023 and, in accordance with s 54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 1 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AVIVE Health Pty Ltd is a medical services provider and employer of nurses in Victoria. The Australian Nursing and Midwifery Federation (ANMF) represents the nurses, and together they are parties to an enterprise agreement. The dispute arose over whether the Australian Industrial Relations Commission (AIRC) should approve the AVIVE Health Victoria Nurses Greenfields Agreement 2022. The AIRC was required to decide whether the agreement was in the interests of the employees, and if it met the statutory requirements for approval. The court's role was to review the AIRC's decision and determine if there were any errors of law or if the AIRC had acted outside its jurisdiction.

The key legal issues before the court were whether the AIRC correctly applied the law in approving the agreement, and whether the agreement was fair and reasonable for the nurses. The court considered if the AIRC had properly assessed the agreement's provisions and if it met the criteria for approval under the Fair Work Act. The court also examined whether the AIRC had considered all relevant factors, including the needs and interests of the nurses, and if the agreement was consistent with the principles of the Fair Work Act.

The court found that the AIRC had correctly applied the law in approving the agreement. The court determined that the AIRC had considered the relevant factors and had made a decision that was not unreasonable. The agreement was found to be fair and reasonable for the nurses, and met the statutory requirements for approval. The court rejected the nurses' argument that the agreement did not adequately protect their interests, finding that the AIRC had properly assessed the agreement's provisions and made a balanced decision. The court concluded that the AIRC's decision was within its jurisdiction, and there were no errors of law.

AVIVE Health Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established