DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairview Village Ltd
(AG2018/6465)

FAIRVIEW VILLAGE LTD., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2019

Application for approval of the Fairview Village Ltd., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fairview Village Ltd., 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 Fairview Village Ltd. 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] I note that Clause 54.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairview Village Ltd, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), sought approval of their 2017 Enterprise Agreement from the Fair Work Commission. The application came about due to a dispute regarding the terms of the proposed agreement, particularly focusing on the classification of roles within the organisation and the conditions of employment for the workers represented by the unions. The Fair Work Commission, acting under the Fair Work Act 2009, was the body tasked with assessing the application and determining whether the agreement met the necessary standards for approval.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for the fair remuneration of employees, the classification of roles in a manner consistent with the work performed, and the protection of employees’ rights in accordance with the Act. The Commission also had to evaluate if the agreement met the minimum standards of the National Employment Standards and if it was fair and reasonable in all its terms.

The Fair Work Commission carefully examined the provisions of the Enterprise Agreement, taking into account the submissions from the parties involved. The Commission found that the agreement generally met the statutory requirements for approval. It was noted that the agreement provided for fair remuneration and contained terms that were fair and reasonable in all their aspects. The Commission was satisfied that the classification of roles and the conditions of employment were consistent with the work performed by the employees and that the agreement did not fall below the minimum standards set by the National Employment Standards. Consequently, the Commission approved the Fairview Village Ltd, ANMF and HSU Enterprise Agreement 2017.

The Fair Work Commission approved the Fairview Village Ltd, ANMF and HSU Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms of the agreement are binding on the parties and that the employees of Fairview Village Ltd are governed by the conditions set out in the approved agreement.

Fairview Village Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established