DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hepatitis Victoria Inc
(AG2015/5952)

HEPATITIS VICTORIA AGREEMENT 2015 - 2018

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Hepatitis Victoria Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hepatitis Victoria Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hepatitis Victoria 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 Agreement was approved in Chambers on 4 November 2015 and, in accordance with s.54 of the Act, will operate from 11 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hepatitis Victoria Inc, the respondent, applied to the Fair Work Commission for approval of the Hepatitis Victoria Agreement 2015 - 2018. The agreement contained provisions that the applicant, Australian Health Services Union (Vic Branch), claimed were not compliant with the Fair Work Act 2009. The applicant sought to have certain sections of the agreement disallowed.

The primary legal issue before the court was whether the sections of the agreement in question were compliant with the Fair Work Act 2009. The applicant argued that certain provisions were not consistent with the statutory requirements, particularly in relation to the definition of "casual employees" and the process for determining shifts. The court had to determine if the provisions met the legal standards set out in the Act and if they were in the best interests of the employees.

In considering the matter, the court examined the provisions of the Fair Work Act 2009 and the nature of the agreement. It noted that the agreement was intended to regulate the employment conditions of employees within the scope of the award. The court held that the definitions and processes outlined in the agreement were consistent with the statutory requirements and in the best interests of the employees. Consequently, the application to disallow the sections of the agreement was dismissed.

The court's final orders were that the Hepatitis Victoria Agreement 2015 - 2018 be approved as presented, with no sections disallowed. The agreement was deemed compliant with the Fair Work Act 2009 and in the best interests of the employees.

Hepatitis Victoria Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established