DECISION

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

Avonlea Inc. T/A Avonlea Hostel
(AG2015/1844)

AVONLEA INC. (TRADING AS AVONLEA HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 5 MAY 2015

Application for approval of the Avonlea Inc. (trading as Avonlea Hostel), ANMF and HSU Enterprise Agreement 2014.

[1] On 10 February 2015 Avonlea Inc. (Applicant) made an application for approval of the Avonlea Inc. (trading as Avonlea Hostel), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Nursing Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 May 2015. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Avonlea Inc., trading as Avonlea Hostel, sought approval of its 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The matter was before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary dispute centred on whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees.

The legal issues before the Commission involved whether the agreement met the 'better off overall test' under section 233 of the Fair Work Act 2009, and whether the agreement included terms that were contrary to public policy or not genuinely agreed upon by the parties. Additionally, the Commission had to assess if the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights.

The Commission found that the agreement was fair and reasonable, meeting the better off overall test. It was noted that the agreement provided for fair remuneration and conditions for employees, and included provisions for dispute resolution and protection of employee rights. The Commission determined that there were no terms contrary to public policy and that the agreement was genuinely negotiated and agreed upon by the parties. Consequently, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement between Avonlea Inc., trading as Avonlea Hostel, and the Australian Nursing and Midwifery Federation and the Health Services Union. This decision was based on the finding that the agreement was fair and reasonable, met the better off overall test, and included appropriate terms for dispute resolution and employee protection. The approval of the agreement ensures that the terms and conditions of employment for the employees of Avonlea Hostel are legally binding and enforceable.

Avonlea Inc. T/A Avonlea Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established