DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LiverWELL Limited T/A Hepatitis Victoria
(AG2020/3957)

LIVERWELL LIMITED ENTERPRISE AGREEMENT 2020 - 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 29 JANUARY 2021

Application for approval of the LiverWELL Limited Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the LiverWELL Limited Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LiverWELL Limited T/A Hepatitis Victoria. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and in accordance with s.54, will operate from 5 February 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, LiverWELL Limited trading as Hepatitis Victoria, sought approval of an enterprise agreement from the Fair Work Commission. The agreement covered its employees for the period 2020 to 2024. The primary dispute was over whether the proposed agreement met the requirements for being a simple, clear, and fair enterprise agreement under the Fair Work Act 2009. The Commission was tasked with assessing if the agreement was in the best interests of the employees and if it complied with the legislative provisions.

The central legal issue was whether the enterprise agreement complied with the statutory requirements for simplicity, clarity, and fairness. The applicant argued that the agreement was straightforward and beneficial for employees, while no objections were raised by the employees or any other party. The Commission had to determine if the agreement met the necessary criteria, including whether it was free from unnecessary complexity and was fair and reasonable. Additionally, the court had to ensure the agreement did not unfairly disadvantage any employee and provided appropriate protections and entitlements.

The Fair Work Commission found that the enterprise agreement met all the necessary statutory criteria. The agreement was deemed simple, clear, and fair, providing appropriate protections and benefits to the employees. The Commission noted the absence of any objections from the employees or other parties, which supported the conclusion that the agreement was in the best interests of the employees. The Commission approved the agreement, finding it compliant with all legislative requirements and suitable for the employees' protection and benefits. The court's decision was grounded in the statutory provisions and the lack of any contrary submissions.

The final orders were that the enterprise agreement be approved and registered with the Fair Work Commission. The agreement would be binding on the parties from the date of the approval, providing the framework for employment terms and conditions for the specified period. The Commission's decision was based on the agreement meeting all legal requirements and being in the best interests of the employees.

LiverWELL Limited T/A Hepatitis Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established