DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indochinese Elderly Refugees Association Victoria Inc.
(AG2018/597)

INDOCHINESE ELDERLY REFUGEES ASSOCIATION HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2018

Application for approval of the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indochinese Elderly Refugees Association Victoria Inc. 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 the Clause 24 is inconsistent with the National Employment Standards as it provides for personal leave in hours. Given the National Employment Standards precedence clause at Clause 6(a) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation & Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Indochinese Elderly Refugees Association Victoria Inc. (IERA) and its employees, with the Fair Work Commission (FWC) being the arbiter of the dispute. The matter pertained to the approval of the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016. The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the protection of vulnerable workers, was free from coercion and undue influence, and whether it complied with the process outlined by the Fair Work Act.

The FWC examined the process through which the agreement was formed, the content of the agreement, and the evidence presented by both parties. The FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment, particularly for vulnerable workers. The Commission also assessed whether the agreement was made without any coercion or undue influence. The FWC concluded that the agreement was fair and reasonable, as it met the necessary criteria under the Fair Work Act. It found that the process was transparent, and the agreement provided for adequate protections for employees.

Ultimately, the FWC approved the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016, recognising it as a valid agreement under the Fair Work Act. The approval signifies that the agreement is now legally binding on both the employer and the employees covered by it. This decision ensures that the employees of IERA are entitled to the terms and conditions specified in the agreement, providing them with the protections and benefits outlined within the document.

Indochinese Elderly Refugees Association 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