Baptist Village Baxter

[2014] FWCA 4413

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptist Village Baxter
(AG2014/6475)

VILLAGE BAXTER, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 JULY 2014

Application for approval of the Village Baxter, ANMF and HSU Enterprise Agreement 2014 - Health Services Union of Australia added to paragraph 4.

[1] The decision issued by the Fair Work Commission on 2 July 2014 [[2014] FWCA 4413, AE408895] is corrected by deleting paragraph [4] and inserting the following:

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, 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), the Commission notes that the Agreement covers these organisations.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Village Baxter, ANMF and HSU Enterprise Agreement 2014. The applicants, the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU), sought the agreement's approval under the Fair Work Act 2009. The application was to correct a previous decision made by the Commission on 2 July 2014. The primary dispute was the need for the Enterprise Agreement to include the HSU as a bargaining representative, which was not initially covered.

The central legal issue the Commission had to address was whether the Enterprise Agreement should encompass the Health Services Union of Australia as a bargaining representative. This involved interpreting sections 183 and 201(2) of the Fair Work Act 2009. Specifically, the Commission had to determine if the inclusion of the HSU, as requested by the applicants, was consistent with the legislative framework governing enterprise agreements.

The Fair Work Commission reviewed the application and the provisions of the Fair Work Act 2009. It found that the Agreement did indeed cover the HSU as a bargaining representative, in line with section 183 of the Act. Pursuant to section 201(2), the Commission noted the coverage of the Agreement for these organisations. The correction to the initial decision reflected this finding, ensuring the Agreement appropriately included the HSU as requested.

The final orders of the Fair Work Commission included the correction of the previous decision by deleting the original paragraph [4] and inserting a corrected paragraph [4] that recognised the Health Services Union of Australia as a covered bargaining representative under the Village Baxter, ANMF and HSU Enterprise Agreement 2014. This adjustment aligned the decision with the applicants' notice and the statutory requirements, thus approving the amended Enterprise Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established