Fairview Village Ltd T/A Fairview Homes Summary

[2023] FWCA 187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fairview Village Ltd T/A Fairview Homes

(AG2022/5406)

FAIRVIEW VILLAGE LTD., ANMF AND HSU ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2023

Application for approval of the Fairview Village Ltd., ANMF and HSU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Fairview Village Ltd., ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairview Village Ltd T/A Fairview Homes. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Nursing and Midwifery Federation and the Health Services Union 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairview Village Ltd, trading as Fairview Homes, applied to the Fair Work Commission for approval of the Fairview Village Ltd., ANMF and HSU Enterprise Agreement 2022. The application was contested by the Australian Manufacturing Workers' Union and the Health Services Union. The crux of the dispute was whether the agreement adequately complied with the Fair Work Act 2009, particularly in relation to the provisions governing employee entitlements, working conditions, and dispute resolution mechanisms. The Commission needed to determine if the agreement met the legal standards for approval, ensuring it did not disadvantage employees unjustifiably and provided fair terms.

The legal issues before the Commission encompassed whether the agreement met the statutory requirements under the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and procedural fairness in the workplace. The Commission also assessed if the agreement appropriately balanced the rights and obligations of the employer and employees, ensuring no unfair disadvantage to any party. Additionally, the Commission had to consider if the agreement's dispute resolution processes were fair and effective.

The Fair Work Commission found that the agreement largely complied with the statutory requirements. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate provisions for wages, leave, and dispute resolution. The Commission acknowledged the negotiation process undertaken and the efforts to balance the interests of both parties. Consequently, the Commission approved the Fairview Village Ltd., ANMF and HSU Enterprise Agreement 2022, subject to the conditions that any changes would require further approval under the Act.

Fairview Village Ltd T/A Fairview Homes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established