DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barossa Village Inc
(AG2017/1462)

BAROSSA VILLAGE INCORPORATED, UNITED VOICE & ANMF CARERS AND SUPPORT STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2017

Application for approval of the Barossa Village Incorporated, United Voice & ANMF Carers and Support Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barossa Village Incorporated, United Voice & ANMF Carers and Support Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barossa Village Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Nursing and Midwifery Federation and United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barossa Village Incorporated applied to the Fair Work Commission for approval of the Barossa Village Incorporated, United Voice & ANMF Carers and Support Staff Enterprise Agreement 2016. The applicants were an employer and two unions. The respondents were two unions. The dispute was over whether the agreement complied with the Fair Work Act 2009. The Fair Work Commission heard the matter.

The legal issues were whether the agreement met the requirements of section 230 of the Act and whether it complied with the good faith bargaining provisions of section 228. Specifically, the Commission had to determine whether the agreement provided for the appropriate minimum rates of pay, entitlements, and conditions, and whether it had been negotiated in good faith.

The Commission found that the agreement met the requirements of section 230 and was consistent with the good faith bargaining provisions of section 228. The agreement provided for appropriate minimum rates of pay, entitlements, and conditions. It also reflected the nature of the workplace and the bargaining positions of the parties. The Commission was satisfied that the agreement had been negotiated in good faith, and that the parties had made a genuine attempt to reach an agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Barossa Village Incorporated, United Voice & ANMF Carers and Support Staff Enterprise Agreement 2016. The agreement was to be registered as a registered agreement under Part 2-6 of the Fair Work Act 2009. The approval was effective from 1 July 2016.

Barossa Village Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established