Havilah Hostel Inc. Summary

[2025] FWCA 1954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Havilah Hostel Inc.

(AG2025/1632)

HAVILAH HOSTEL INC., ANMF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER REDFORD	MELBOURNE, 13 JUNE 2025

Application for approval of the Havilah Hostel Inc., ANMF and HWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Havilah Hostel Inc., ANMF and HWU Enterprise Agreement 2024 (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. (Havilah). The Agreement is a single enterprise agreement.

Employees covered by the agreement

Further information was sought from Havilah in relation to the eligibility of casual employees to participate in the vote concerning the Agreement, taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1]. It was confirmed that of the 57 casual employees that participated in the ballot, only 37 worked during the access period. On the basis this additional information I am prepared to accept that the inclusion in the ballot of a person not eligible to be included did not affect the outcome, and the other employees involved in the ballot were eligible to be involved.

Undertakings

In response to several issues raised with Havilah Hostel Inc. in relation to its application, it has provided written undertakings, a copy of which are 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 views of the bargaining representatives were sought pursuant to s 190(4) of the Act and no objection was raised. The undertakings are taken to be a term of the agreement. The undertakings relate to pay rates which will apply to certain classifications covered by the agreement.

Consideration

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 (ANMF) and the Health Services Union-Victoria No. 1 Branch (HWU) 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 ANMF and the HWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

ANNEXURE A

[1] [2019] FWCFB 7599

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Havilah Hostel Inc. seeking approval of a new enterprise agreement with the Australian Nurses and Midwives Federation (ANMF) and the Health Workers Union (HWU). The proposed agreement sought to cover employees working for the respondent in various roles within the hospitality sector. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the necessary provisions for employees' wages, conditions, and other terms of employment, and whether the agreement had been made in accordance with the provisions of the Act. Specifically, the Commission needed to consider whether the agreement complied with the 'better off overall test' and whether it contained the required 'protected action provisions'. The Commission also had to be satisfied that the agreement was made without coercion, duress, or other forms of undue influence.

In reaching its decision, the Commission considered submissions from the parties, relevant legislative provisions, and previous case law. It was noted that the agreement contained comprehensive provisions for wages, leave, and other employment conditions, which the Commission found to be fair and reasonable. The Commission also determined that the agreement had been made without any form of undue influence and that it complied with the 'better off overall test'. Furthermore, the Commission found that the agreement contained the necessary 'protected action provisions', as required by the Act. As a result, the Commission approved the agreement, finding it to be compliant with all relevant statutory requirements.

The Commission made an order approving the Havilah Hostel Inc., ANMF and HWU Enterprise Agreement 2024, effective from the date of the decision. The agreement will now apply to the relevant employees, providing them with the terms and conditions of employment as set out in the approved agreement.

Havilah Hostel Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established