DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avonlea Incorporated T/A Avonlea Hostel
(AG2018/4590)

AVONLEA INC. (TRADING AS AVONLEA HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Hospitality industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2019

Application for approval of the Avonlea Inc. (trading as AVONLEA HOSTEL), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Avonlea Inc. (trading as Avonlea Hostel), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avonlea Incorporated T/A Avonlea Hostel. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clauses 37 - Redundancy and 54 - Personal and Carers Leave are inconsistent with the National Employment Standards as they contain provisions not contained in the NES. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Avonlea Incorporated, trading as Avonlea Hostel, along with the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute pertained to the approval of the Avonlea Inc. (trading as AVONLEA HOSTEL) ANMF and HSU Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission related to whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it contained all the mandated terms and conditions, and whether it complied with the procedural fairness requirements in its negotiation and execution. The Commission needed to determine if the agreement was fairly and properly made and if it contained all necessary terms and conditions.

The Fair Work Commission found that the enterprise agreement in question was made in compliance with the statutory provisions of the Fair Work Act 2009. The agreement contained all the required terms and conditions, and the process of its negotiation and execution was fair and proper. The Commission highlighted the satisfactory conduct of the parties involved and their adherence to the legislative framework. Consequently, the application for the approval of the enterprise agreement was granted.

As a result, the Fair Work Commission approved the Avonlea Inc. (trading as AVONLEA HOSTEL) ANMF and HSU Enterprise Agreement 2017. The agreement was deemed to meet all legal requirements and was thus approved, effective from the date of the Commission's decision.

Avonlea Incorporated 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