DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hepatitis Victoria Incorporated T/A Hepatitis Victoria
(AG2018/5094)

HEPATITIS VICTORIA AGREEMENT 2018 - 2020

Social, community, home care and disability services
COMMISSIONER JOHNS	SYDNEY, 27 FEBRUARY 2019

Application for approval of the Hepatitis Victoria Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hepatitis Victoria Enterprise Agreement 2018-2020 (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 Incorporated T/A Hepatitis Victoria. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hepatitis Victoria Incorporated, trading as Hepatitis Victoria, applied for approval of the Hepatitis Victoria Enterprise Agreement 2018-2020 before the Fair Work Commission. The agreement was to cover employees who were previously under the terms of the Community and Public Sector (Victorian State Public Sector) (Enterprise Agreement) 2017. The application was made under section 231 of the Fair Work Act 2009, and the dispute involved whether the agreement met the criteria for approval, including that it was a genuine agreement, provided for better off overall, and included necessary provisions.

The primary legal issues before the court were whether the agreement was genuinely negotiated, whether it met the better off overall test, and whether it contained all the necessary provisions as stipulated by the Fair Work Act. The court had to consider submissions from both parties, as well as the provisions of the Fair Work Act and relevant case law. The negotiation process, the fairness of the terms, and compliance with statutory requirements were all scrutinized.

The Fair Work Commission found that the agreement was genuinely negotiated and met the better off overall test. It was also determined that the agreement contained all necessary provisions, including minimum terms as per the Fair Work Act. The commission emphasised the importance of the negotiation process and the benefits the agreement provided to employees, which were deemed adequate for approval. The court approved the agreement based on the evidence presented and the compliance with legislative requirements.

No further orders were made by the court beyond the approval of the enterprise agreement. The agreement was thus accepted as a valid and enforceable contract between Hepatitis Victoria and its employees, effective from the stipulated period.

Hepatitis Victoria Incorporated T/A Hepatitis Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established