DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indochinese Elderly Refugees Association Victoria Inc. T/A Indochinese Elderly Refugees Association Victoria Inc.
(AG2020/2156)

INDOCHINESE ELDERLY REFUGEES ASSOCIATION INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the IndoChinese Elderly Refugees Association Inc. Nurses Enterprise Agreement 2020.

[1] Indochinese Elderly Refugees Association Victoria Inc. (the Employer) has made an application for approval of an enterprise agreement known as the IndoChinese Elderly Refugees Association Inc. Nurses Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 September 2020 and, in accordance with s 54, will operate from 6 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Indochinese Elderly Refugees Association Victoria Inc., the applicant sought approval for the IndoChinese Elderly Refugees Association Inc. Nurses Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with evaluating the application for approval of this agreement. The applicant argued that the agreement was fair and reasonable for the purposes of section 233 of the Fair Work Act 2009, while the respondent raised concerns regarding the proposed terms, particularly focusing on the provisions concerning casual employment.

The FWC examined whether the agreement met the criteria for approval as set out in section 233 of the Fair Work Act 2009. This involved assessing whether the agreement was fair and reasonable, taking into account various factors including the need for a safety net, the protection of vulnerable workers, and the maintenance of harmonious workplace relations. The FWC also considered the specific provisions related to casual employment, evaluating whether they complied with the legislative framework and provided adequate protections for casual employees.

In its decision, the FWC found that the agreement was fair and reasonable overall. The Commission noted the need to balance the interests of the employer and the employees, and considered that the agreement provided a fair safety net and appropriate protections for casual employees. The FWC addressed the respondent's concerns by making several modifications to the agreement, ensuring compliance with relevant legislation and enhancing protections for casual employees. The FWC approved the agreement with these modifications, ensuring that it met the statutory criteria for approval.

The FWC approved the IndoChinese Elderly Refugees Association Inc. Nurses Enterprise Agreement 2020, with the modifications made during the hearing. The approved agreement was to be registered and would apply to the relevant employees from the specified commencement date. The FWC's decision provided clarity on the application of the Fair Work Act 2009 to the agreement, ensuring that the terms were fair and reasonable for both parties.

Indochinese Elderly Refugees Association Victoria Inc. T/A Indochinese Elderly Refugees Association Victoria Inc.

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established