Latvian Friendly Society

[2013] FWCA 9876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Latvian Friendly Society
(AG2013/11451)

LATVIAN FRIENDLY SOCIETY LTD HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2013

Application for approval of the Latvian Friendly Society Ltd Health and Allied Services Enterprise Agreement 2013.

[1] On 13 November 2013 the Latvian Friendly Society (Applicant) made an application for approval of the Latvian Friendly Society Ltd Health and Allied Services Enterprise Agreement 2013 (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 Health Services Union and the Australian Nursing and Midwifery Federation, being a bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 December 2013. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Latvian Friendly Society Ltd sought approval of an enterprise agreement for its health and allied services employees. The matter was heard in the Fair Work Commission. The principal issue before the Commission was whether the agreement was made in accordance with the relevant legislative provisions and whether it complied with the good faith bargaining requirements.

The Commission examined the process by which the agreement was negotiated and whether it was made in good faith. It considered evidence from both parties regarding the negotiation process, including whether there was meaningful discussion and whether the parties genuinely attempted to reach an agreement. The Commission also assessed whether the agreement met the statutory requirements for an enterprise agreement, including whether it provided for the minimum terms and conditions of employment.

The Commission found that the agreement was made in good faith and in accordance with the legislative provisions. It accepted the evidence that there had been meaningful negotiations and that both parties had genuinely attempted to reach an agreement. The Commission also found that the agreement met the statutory requirements and provided for the minimum terms and conditions of employment. As a result, the Commission approved the Latvian Friendly Society Ltd Health and Allied Services Enterprise Agreement 2013. The orders of the Commission were that the agreement be approved as a certified agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established