DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coptic Village Hostel Inc.
(AG2019/591)

COPTIC VILLAGE HOSTEL INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2019

Application for approval of the Coptic Village Hostel Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coptic Village Hostel Inc., 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 Coptic Village Hostel Inc.. 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] The Australian Nursing and Midwifery Federation, and the 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) 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 3 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coptic Village Hostel Inc. sought approval for the Coptic Village Hostel Inc., ANMF and HSU Enterprise Agreement 2017 from the Fair Work Commission. The agreement in question was aimed at regulating employment terms and conditions for employees of Coptic Village Hostel Inc. The dispute was between Coptic Village Hostel Inc. and the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The primary issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the standard that it should not adversely affect employees' wages and conditions.

The commission examined various aspects of the agreement, including the classification of employees, wage rates, working hours, and other employment conditions. The commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principle of no-disadvantage. The commission also considered the views of the parties involved and the broader implications of the agreement on the employees and the employer. Ultimately, the commission determined that the agreement did not disadvantage employees and was fair and reasonable, thereby approving the Coptic Village Hostel Inc., ANMF and HSU Enterprise Agreement 2017.

The Fair Work Commission's decision hinged on a comprehensive review of the proposed agreement, ensuring it aligned with the statutory requirements and protected the interests of employees. By approving the agreement, the commission facilitated a harmonious employment relationship between Coptic Village Hostel Inc. and its employees, while also providing a framework for fair and reasonable terms and conditions of employment. This decision demonstrates the commission's commitment to balancing the interests of both employers and employees in the context of enterprise agreements.

Coptic Village Hostel Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established