Indochinese Elderly Refugees Association Victoria Inc. Summary

[2025] FWCA 290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Indochinese Elderly Refugees Association Victoria Inc.

(AG2024/4533)

INDOCHINESE ELDERLY REFUGEES ASSOCIATION VICTORIA INC. AGED CARE AND HOME CARE ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER PERICA	MELBOURNE, 23 JANUARY 2025

Application for approval of the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 23 January 2025. It will operate from 30 January 2025 as required by section 54 of the Act. The nominal expiry date is 1 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Industrial Relations Commission of Victoria considered an application for the approval of the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024. The applicant, Indochinese Elderly Refugees Association Victoria Inc., sought approval for the enterprise agreement, which was intended to govern the terms and conditions of employment for aged care and home care workers employed by the association. The application arose under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by a relevant industrial relations authority before they can be enforced.

The primary legal issue the Commission needed to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "single interest" enterprise agreement, whether it contained the mandatory terms prescribed by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission considered whether the agreement provided appropriate protections for employees and ensured fair and reasonable terms of employment.

The Commission found that the agreement met the statutory criteria for approval. It was a "single interest" enterprise agreement as it was made between the employer and a single certified union. The agreement contained all the mandatory terms required by the Fair Work Act 2009, including provisions on minimum wages, penalty rates, and maximum weekly hours of work. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the negotiation process and the absence of any undue pressure on the parties. Furthermore, the Commission noted that the agreement provided fair and reasonable terms for employees, including provisions for additional benefits such as leave entitlements and professional development opportunities.

The Commission approved the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024, determining that it met all the necessary legal requirements and provided appropriate protections for employees. The agreement now has the force of a registered agreement and can be enforced under the Fair Work Act 2009.

Indochinese Elderly Refugees Association Victoria Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established