Dalecare Pty Ltd T/A Lifeview - Villa Lombardia Summary

[2014] FWCA 5560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalecare Pty Ltd T/A Lifeview - Villa Lombardia
(AG2014/6889)

DALECARE PTY LTD (TRADING AS LIFEVIEW - VILLA LOMBARDIA), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 14 AUGUST 2014

Application for approval of the Dalecare Pty Ltd (trading as Lifeview - Villa Lombardia), ANMF and HSU Enterprise Agreement 2014.

[1] On 21 July 2014 Dalecare Pty Ltd T/A Lifeview - Villa Lombardia (Applicant) made an application for approval of the Dalecare Pty Ltd (trading as Lifeview - Villa Lombardia), 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 21 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 parties in this case were Dalecare Pty Ltd, trading as Lifeview - Villa Lombardia, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The nature of the dispute was an application for the approval of the 2014 Enterprise Agreement between these parties. The case was heard in the Fair Work Commission, which is the body responsible for regulating and approving enterprise agreements under Australian labour law. The Commission was asked to consider whether the agreement complied with the relevant statutory requirements and whether it was fair and reasonable in all its terms.

The legal issues before the Commission were whether the agreement satisfied the prerequisites for approval under the Fair Work Act 2009 and whether the agreement met the "better off overall test". This test requires that employees covered by the agreement be no worse off than they would be under the applicable award or safety net minimum terms. The Commission had to examine the terms of the agreement, including wages, conditions of employment, and dispute resolution mechanisms, to determine if they met these criteria. The Commission also considered submissions from the parties and any relevant evidence.

The Fair Work Commission found that the agreement did meet the requirements for approval. The Commission determined that the agreement was made in good faith and that it contained all the necessary provisions required by law. It also found that the agreement was fair and reasonable, meeting the better off overall test. The Commission was satisfied that the agreement provided for adequate wages and conditions of employment and included appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

As a result of the Commission's decision, the Enterprise Agreement between Dalecare Pty Ltd, the ANMF and the HSU was approved and registered. This decision meant that the terms and conditions of employment for the employees covered by the agreement were now governed by the agreement, rather than by the applicable award or safety net minimum terms. The approval of this agreement ensured that the parties' rights and obligations were clearly defined and that any disputes could be resolved according to the agreed-upon processes.

Dalecare Pty Ltd T/A Lifeview - Villa Lombardia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established