Latrobe Valley Village Inc. Trading AS Latrobe Valley Village Summary

[2025] FWCA 2779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Latrobe Valley Village Inc. Trading AS Latrobe Valley Village

(AG2025/2561)

LATROBE VALLEY VILLAGE ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 20 AUGUST 2025

Application for approval of the Latrobe Valley Village Enterprise Agreement 2024

Latrobe Valley Village (ABN: 38 645 298 359) has applied for approval of an enterprise agreement known as the Latrobe Valley Village Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 36.2 – regarding withholding monies at termination
· Clause 57 – regarding long service leave

Clause 6.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 August 2025.

In accordance with clause 7, the nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Latrobe Valley Village Inc. Trading as Latrobe Valley Village applied to the Fair Work Commission for the approval of the Latrobe Valley Village Enterprise Agreement 2024. The application arose from the necessity to establish terms and conditions of employment for the employees within the enterprise, as regulated under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to ensure it met the legislative requirements for approval, including compliance with the provisions regarding minimum entitlements and procedural fairness.

The legal issues central to the case involved determining whether the proposed agreement provided fair and reasonable terms for the employees, whether the necessary procedural steps were followed in the agreement's formation, and if the agreement met the criteria for being deemed a "single interest employer agreement." The Commission also had to consider whether the agreement adhered to the provisions of the Fair Work Act, particularly concerning minimum entitlements, and whether the agreement was made in good faith and without coercion.

In its reasoning, the Commission examined the contents of the proposed agreement, including the terms regarding wages, hours of work, leave entitlements, and other conditions of employment. The Commission found that the agreement provided fair and reasonable terms for the employees and was made in good faith, without coercion. The agreement was also found to comply with the minimum entitlements outlined in the Fair Work Act. Additionally, the procedural steps taken in the formation of the agreement were deemed appropriate, meeting the requirements for a "single interest employer agreement." Based on these findings, the Commission approved the Latrobe Valley Village Enterprise Agreement 2024.

The final orders of the Commission included the approval of the Latrobe Valley Village Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of Latrobe Valley Village Inc. Trading as Latrobe Valley Village until such time as a new agreement was negotiated and approved.

Latrobe Valley Village Inc. Trading AS 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