DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Havilah Hostel Inc.
(AG2015/3963)

HAVILAH HOSTEL INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 JULY 2015

Application for approval of the Havilah Hostel Inc., ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Havilah Hostel Inc., ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Havilah Hostel Inc.. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 30 July 2015 and, in accordance with s.54 of the Act, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) sought approval of the Havilah Hostel Inc. Enterprise Agreement 2014. The application was brought before the Commission in an effort to formalise the terms of employment for staff working within the hostel. The central dispute revolved around whether the agreement complied with the provisions of the Fair Work Act 2009 and if it adequately addressed the rights and obligations of the employees and the employer.

The legal issues that the Commission had to address included whether the agreement provided for a fair and reasonable rate of pay, appropriate conditions of employment, and adequate provisions for dispute resolution. Additionally, the Commission needed to ensure that the agreement did not undermine the fundamental rights of employees as enshrined in the Fair Work Act. The Commission also had to assess whether the agreement was genuinely bargained and whether it met the requirements for being a 'single, written agreement'.

The Commission found that the Havilah Hostel Inc. Enterprise Agreement 2014 was largely compliant with the relevant provisions of the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms of employment, including provisions for wages, conditions, and dispute resolution. The Commission was satisfied that the agreement was genuinely bargained between the employer and the unions, and that it met the requirements for being a 'single, written agreement'. Consequently, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission approved the Havilah Hostel Inc. Enterprise Agreement 2014, confirming its compliance with the Fair Work Act and its suitability as a binding agreement between the employer and the unions. This decision ensures that the employees of the hostel are protected under a formalised and legally recognised agreement, providing clarity and certainty in their employment conditions.

Havilah 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