AVIVE Health Pty Ltd T/A AVIVE Health

[2023] FWCA 2078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

AVIVE Health Pty Ltd T/A AVIVE Health

(AG2023/2005)

AVIVE HEALTH QUEENSLAND SUPPORT SERVICES GREENFIELDS AGREEMENT 2023

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 6 JULY 2023

Application for approval of the AVIVE Health Queensland Support Services Greenfields Agreement 2023

An application has been made for the approval of a greenfields agreement known as the AVIVE Health Queensland Support Services Greenfields Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AVIVE Health Pty Ltd T/A AVIVE Health (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 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 Services Union (ASU) 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 ASU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by AVIVE Health Pty Ltd, trading as AVIVE Health, seeking approval of the AVIVE Health Queensland Support Services Greenfields Agreement 2023. This agreement was intended to provide terms and conditions of employment for employees within the Greenfields Support Services category. The dispute centred on whether the proposed terms and conditions met the requirements set out in the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement was a "batable" agreement as defined by the Fair Work Act and whether the agreement contained terms that complied with the relevant provisions of the Act. This included examining whether the agreement adhered to minimum wage standards, provided for appropriate working hours, included provisions for leave entitlements, and whether the agreement had been fairly negotiated. Furthermore, the Commission had to assess whether the agreement met the requirements for good faith bargaining.

The Commission found that the AVIVE Health Queensland Support Services Greenfields Agreement 2023 was a batable agreement. It noted that the agreement had been negotiated in good faith and that the terms and conditions provided for were fair and reasonable. The Commission was satisfied that the proposed agreement met the statutory minimum standards and contained provisions that were consistent with the principles of the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be compliant with all relevant legislative requirements.

The Fair Work Commission approved the AVIVE Health Queensland Support Services Greenfields Agreement 2023, effective from the date of the decision. This approval signifies that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing a clear framework for the employment relationship within the specified category.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established