Community of Cypriots of the Northern Suburbs of Melbourne Inc. t/a Grace of Mary Greek/Cypriot Elderly Hostel and St Andrews Hostel

[2019] FWCA 8704

[2019] FWCA 8704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community of Cypriots of the Northern Suburbs of Melbourne Inc. t/a Grace of Mary Greek/Cypriot Elderly Hostel and St Andrews Hostel
(AG2019/3224)

COMMUNITY OF CYPRIOTS OF THE NORTHERN SUBURBS OF MELBOURNE INC., ANF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2019

Application for approval of the Community of Cypriots of the Northern Suburbs of Melbourne Inc., ANF and HSU Enterprise Agreement 2017.

[1] Grace of Mary Greek/Cypriot Elderly Hostel and St Andrews Hostel has applied for approval of a single enterprise agreement known as the Community of Cypriots of the Northern Suburbs of Melbourne Inc., ANF and HSU Enterprise Agreement 2017 the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Notice of Employee Representational Rights (Notice) issued at the commencement of bargaining was not strictly compliant with the requirements of s.174 because it included additional content (logos and other written text). The Notice was also not strictly compliant with the requirements of s.181(2) because employees were requested to vote in less than 21 days from when the Notice was given. The Notice was otherwise compliant in all respects. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) these constitute minor procedural or technical errors for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the errors.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives, either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Services Union Victorian No.1 Branch, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 24 December 2019 and, in accordance with s.54, will operate from 31 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318.

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