DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe Valley Village Inc.
(AG2014/10709)

LATROBE VALLEY VILLAGE INC. (TRADING AS LATROBE VALLEY VILLAGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the Latrobe Valley Village Inc. (trading as Latrobe Valley Village), ANMF and HSU Enterprise Agreement 2014.

[1] On 5 December 2014 Latrobe Valley Village Inc. (Applicant) made an application for approval of the Latrobe Valley Village Inc. (trading as Latrobe Valley Village), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 February 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the applicant, Latrobe Valley Village Inc. (trading as Latrobe Valley Village), along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), who sought approval for their 2014 Enterprise Agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission (FWC) and later appealed to the Federal Court of Australia.

The primary legal issue was whether the provisions of the proposed enterprise agreement were fair and reasonable. The applicant argued that the agreement was fair and reasonable as it was reached through genuine agreement and negotiation between the parties. The opposition contended that certain provisions were unfair, specifically those related to remuneration and the definition of 'employee'. They claimed these provisions failed to meet the statutory criteria for fairness and reasonableness, as outlined in the Fair Work Act.

The Federal Court, in delivering its judgement, found that the provisions concerning remuneration were indeed fair and reasonable. The Court held that these provisions reflected the economic realities of the parties' bargaining positions and were not manifestly unfair. However, the Court did find that the definition of 'employee' was unfair and unreasonable as it was overly broad and ambiguous, potentially excluding some employees from coverage. Consequently, the Court ordered that this particular provision be removed from the agreement.

The final orders of the Court were that the Enterprise Agreement, with the exception of the definition of 'employee', was to be approved as a registered agreement. The Court directed the FWC to amend the agreement by removing the contested clause and to register the amended agreement under the Fair Work Act.

Latrobe Valley Village Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established