Latrobe Valley Village Inc. T/A Latrobe Valley Village Summary

[2023] FWCA 615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Latrobe Valley Village Inc. T/A Latrobe Valley Village

(AG2023/9)

Latrobe Valley Village Inc. (trading as Latrobe Valley Village), ANMF and HSU Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 FEBRUARY 2023

Application for approval of the Latrobe Valley Village Inc. (trading as Latrobe Valley Village), ANMF and HSU Enterprise Agreement 2022.

Latrobe Valley Village Inc. T/A Latrobe Valley Village (the Employer) has made an application for the approval of the Latrobe Valley Village Inc. (trading as Latrobe Valley Village), ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made under s.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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services of Australia, Victoria No 1 Branch, trading as the ‘Health Workers Union’ (HSU) were bargaining representatives for the Agreement and 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 the ANMF and HSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Latrobe Valley Village Inc., trading as Latrobe Valley Village, together with the Australian Nursing and Midwifery Federation and the Health Services Union, applied for approval of their 2022 Enterprise Agreement. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for fair wages and conditions, whether it appropriately balanced the rights and obligations of the parties, and whether it complied with the 'better off overall test'. The Commission considered submissions from the parties and evidence presented regarding the economic circumstances and bargaining positions of the involved parties.

The Commission found that the agreement was fair and balanced, taking into account the economic conditions and the relative bargaining power of the parties. It was determined that the agreement provided for fair wages and conditions, and that it complied with the 'better off overall test'. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and dispute resolution mechanisms that were fair and reasonable. The Commission also found that the agreement appropriately balanced the rights and obligations of the parties and did not contain any terms that were contrary to public policy.

Accordingly, the Fair Work Commission approved the 2022 Enterprise Agreement between Latrobe Valley Village Inc., the Australian Nursing and Midwifery Federation, and the Health Services Union. The decision was made on the basis that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in all respects. The final orders of the Commission were that the 2022 Enterprise Agreement be approved as a registered agreement, effective from the date of the decision.

Latrobe Valley Village Inc. T/A Latrobe Valley Village

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established