DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latvian Friendly Society Ltd T/A Latvian Friendly Society
(AG2018/72)

LATVIAN FRIENDLY SOCIETY LTD NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 15 JUNE 2018

Application for approval of the Latvian Friendly Society Ltd Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Latvian Friendly Society Ltd Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Latvian Friendly Society T/A Latvian Friendly Society. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union being 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Latvian Friendly Society Limited, trading as the Latvian Friendly Society, sought approval of the Latvian Friendly Society Nurses Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the respondent being the Australian Nursing and Midwifery Federation. The dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009, specifically concerning the agreement's fairness and the process through which it was negotiated.

The primary legal issues were whether the agreement was appropriately made under the provisions of the Act and whether it satisfied the "better off overall test" (BOOT), ensuring employees were not worse off. The Commission also considered whether the agreement adhered to the "good faith" requirement, meaning it was negotiated without coercion or undue influence. The court examined the process of agreement negotiation and whether it complied with procedural fairness, including the availability of dispute resolution mechanisms and the opportunity for meaningful consultation.

The Fair Work Commission concluded that the agreement was appropriately made and met the necessary criteria for approval. The Commission found that the agreement was negotiated in good faith and was not made under duress. It also determined that the agreement satisfied the BOOT, providing that the nurses would not be worse off overall. The Commission was satisfied that the agreement provided for fair and reasonable terms, including provisions for dispute resolution and adequate consultation processes. Consequently, the Latvian Friendly Society Nurses Enterprise Agreement 2017 was approved by the Commission.

The final orders included the approval of the agreement as presented, with no amendments or alterations. The decision was based on the evidence provided and the Commission's interpretation of the relevant statutory provisions. The approval of the agreement was contingent upon compliance with the terms as outlined and the continued adherence to the Fair Work Act 2009.

Latvian Friendly Society Ltd T/A Latvian Friendly Society

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established