DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lort Smith Animal Hospital
(AG2017/1180)

LORT SMITH ENTERPRISE AGREEMENT 2016 - 2019

Animal care and veterinary services
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the Lort Smith Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lort Smith Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lort Smith Animal Hospital. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lort Smith Animal Hospital was a party in an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant was the Veterinary Services Enterprise Agreement 2016-2019, which was submitted for approval by the Australian Building and Construction Commission. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the agreement, particularly in relation to wages, working hours, and other employment-related matters. The Fair Work Commission heard the matter.

The central legal issues before the Commission were whether the agreement met the requirements for being deemed "fair and appropriate" under the Fair Work Act. This involved assessing if the agreement provided for fair wages and conditions, and if it adhered to the relevant provisions of the Act. The Commission also had to consider whether the agreement was genuinely negotiated between the parties and if it complied with the procedural requirements for approval.

The Commission found that the agreement was fair and appropriate. It noted that the terms and conditions were consistent with industry benchmarks and provided for fair wages and working conditions. The Commission also determined that the agreement was genuinely negotiated and met all procedural requirements for approval. Consequently, the Commission approved the enterprise agreement, acknowledging the need for balanced and fair terms in the veterinary services industry.

The Fair Work Commission approved the Veterinary Services Enterprise Agreement 2016-2019. The decision highlighted the importance of fair wages, reasonable working hours, and genuine negotiation in enterprise agreements. This ruling reinforces the Commission's role in ensuring that employment agreements are fair and appropriate for both employers and employees.

Lort Smith Animal Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established