DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liviende Veranto
(AG2016/3247)

LIVIENDE VERANTO ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER SAUNDERS	SYDNEY, 13 JULY 2016

Application for approval of the Liviende Veranto Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Liviende Veranto Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liviende Veranto. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Liviende Veranto Enterprise Agreement 2016. The applicants, representing the employer, sought the Court's endorsement of the agreement, which had been negotiated with the union representing the employees. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically concerning the process through which it was negotiated and whether it appropriately reflected the interests of the workforce.

The primary legal issues the Court had to resolve were whether the agreement was genuinely negotiated, as required by section 228 of the Act, and whether it satisfied the good faith bargaining criteria established in the case law. The Court also needed to consider if the agreement appropriately addressed the terms and conditions of employment and if it was fair and reasonable in all its aspects. The union argued that certain provisions of the agreement were not reflective of the workforce's interests, particularly in relation to pay rates and conditions.

In delivering the decision, the Court examined the evidence regarding the negotiation process and found that the agreement was the product of genuine bargaining efforts between the parties. The Court noted that while there were some disputes regarding the process, the overall evidence supported the conclusion that the agreement had been negotiated in good faith. The Court also determined that the terms of the agreement were fair and reasonable, taking into account the economic and practical circumstances of the enterprise. Consequently, the Court approved the Liviende Veranto Enterprise Agreement 2016, finding that it met the statutory requirements under the Fair Work Act 2009. The agreement was approved on the conditions set out in the decision, which included specific provisions to address any concerns raised by the union.

Liviende Veranto

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established