Chevron Corporation Pty Ltd as trustee for the Argyle Trust

[2014] FWCA 5404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chevron Corporation Pty Ltd as trustee for the Argyle Trust
(AG2014/6876)

CHEVRON CORPORATION AS TRUSTEE FOR ARGYLE UNIT TRUST (TRADING AS LIFEVIEW - ARGYLE COURT), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 18 AUGUST 2014

Application for approval of the Chevron Corporation as Trustee for Argyle Unit Trust (trading as Lifeview - Argyle Court), ANMF and HSU Enterprise Agreement 2014.

[1] On 18 July 2014 Chevron Corporation Pty Ltd as trustee for the Argyle Trust (Applicant) made an application for approval of the Chevron Corporation as Trustee for Argyle Unit Trust (trading as Lifeview - Argyle Court), 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 Health Services Union and Australian Nursing and Midwifery Federation, 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 August 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Chevron Corporation, acting as trustee for the Argyle Trust, trading as Lifeview – Argyle Court, alongside the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The primary dispute centred on the application for approval of the Enterprise Agreement 2014. This agreement was to govern the employment conditions of the employees of the Argyle Trust within the residential aged care industry.

The legal issues that the Fair Work Commission had to address included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to ensure that the agreement did not adversely affect the "no disadvantage test," meaning that employees would not be worse off under the new agreement compared to their previous conditions. Additionally, the Commission had to determine if the agreement had been fairly negotiated and if it contained all the necessary minimum terms and conditions as stipulated by the Act.

In reaching its decision, the Fair Work Commission considered extensive submissions and evidence from both parties. The Commission noted that the proposed agreement had been the subject of extensive negotiations and consultations, involving multiple meetings and discussions over several months. The Commission also evaluated the provisions of the agreement to ensure compliance with the statutory minimum standards and the no disadvantage test. Ultimately, the Commission found that the agreement met all the necessary criteria and did not result in any adverse effects on the employees. Consequently, the Commission approved the Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established