DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De Paul Villa -Ashmore
(AG2016/6131)

DE PAUL VILLA ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 6 DECEMBER 2016

Application for approval of the De Paul Villa Enterprise Agreement 2016.

[1] On 23 September 2016, Miles Witt Partnership (the Applicant) made an application for approval of an enterprise agreement known as the De Paul Villa Enterprise Agreement 2016 (the Agreement). Miles Witt Partnership was a bargaining representative appointed by the employer, De Paul Villa. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The agreement is a single-enterprise agreement.

[3] On 28 September 2016, the Australian Workers’ Union (AWU) filed a Form F18 indicating that it supported approval of the Agreement.

[4] On 29 September 2016, the Australian Nursing and Midwifery Federation (ANMF) and the Queensland Nurses’ Union (QNU) each filed a Form F18 indicating that it supported approval of the Agreement if appropriate undertakings under s.190 of the Act were provided by the employer. Both unions also indicated they disagreed with a number of answers given to questions in the statutory declaration filed with the application.

[5] Given the issues identified by the ANMF and the QNU, I listed the matter for hearing on 28 November September 2016.

[6] On resumption of the hearing, the Applicant advised it would consider offering a number of undertakings to the Fair Work Commission (the Commission) in order to address the issues raised by the ANMF and the QNU.

[7] On 1 December 2016 the Applicant filed undertakings on signed by the AWU, and the ANMF and the QNU sent correspondence to the Commission indicating that it supported the undertakings provided by the Applicant.

[8] It is a requirement of s.190(4) that the Commission must not accept an undertaking under subsection (3), unless the Commission has sought the views of each person the Commission knows is a bargaining representative for the Agreement.

[9] On 5 September 2016 the Applicant confirmed a copy of the draft undertakings was provided to all bargaining representatives.

[10] Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[11] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[12] The AWU, the ANMF and the QNU, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[13] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

De Paul Villa -Ashmore was a case heard by the Fair Work Commission, concerning an application for the approval of the De Paul Villa Enterprise Agreement 2016. The applicants, the De Paul Villa, sought approval for the agreement to ensure it complied with the Fair Work Act 2009. The legal issues the court needed to address included whether the agreement met the requirements for being a single, indivisible agreement, and if it contained appropriate dispute resolution mechanisms. Furthermore, the court had to ensure that the agreement provided for fair and reasonable terms and conditions, and that it was appropriately negotiated.

The Fair Work Commission considered the nature and content of the agreement, assessing whether it was a single, indivisible document as required by the Act. The Commission found that the agreement satisfied this requirement, as it was a comprehensive document covering all terms and conditions of employment. Additionally, the Commission examined the dispute resolution processes outlined in the agreement, determining that they were appropriate and provided a fair means for resolving any employment-related disputes. The court also evaluated the fairness and reasonableness of the terms and conditions proposed in the agreement, finding them to be appropriate and in line with industry standards.

Consequently, the Fair Work Commission approved the De Paul Villa Enterprise Agreement 2016. The Commission determined that the agreement met the necessary requirements under the Fair Work Act 2009 and was fair and reasonable for the employees it covered. The approval of the agreement ensures that the De Paul Villa and its employees can operate under a legally binding and fair set of terms and conditions.

De Paul Villa -Ashmore

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established