DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lyrebird Villages for the Aged Inc. T/A Lyrebird Village
(AG2018/7443)

LYREBIRD VILLAGES FOR THE AGED HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 APRIL 2019

Application for approval of the Lyrebird Villages for the Aged Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lyrebird Villages for the Aged Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lyrebird Villages for the Aged Inc. T/A Lyrebird Village. 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• 22; and

• 24

[4] However, noting clause 6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Australian Nursing and Midwifery Federation and Health Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lyrebird Villages for the Aged Inc. trading as Lyrebird Village, applied for approval of the Lyrebird Villages for the Aged Health and Allied Services Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The primary dispute concerned the terms of the enterprise agreement, specifically whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, raised concerns regarding the fairness and reasonableness of certain provisions in the agreement.

The legal issues before the court included whether the agreement was a genuine enterprise agreement, whether it contained the necessary procedural fairness and good faith provisions, and whether it complied with the statutory requirements under the Fair Work Act. The court had to determine if the agreement was made in good faith and if it provided for a fair and reasonable method of determining employees' remuneration and conditions of employment. Additionally, the court examined whether the agreement complied with the minimum standards set out in the National Employment Standards.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, made in good faith, and that it met the statutory requirements under the Fair Work Act. The court considered the parties' bargaining positions, the content of the agreement, and the process by which the agreement was negotiated and finalised. The Commission concluded that the agreement was fair and reasonable, and therefore approved it. The agreement was deemed to comply with all necessary legal requirements and was thus approved by the Fair Work Commission.

The final orders of the Fair Work Commission included the approval of the Lyrebird Villages for the Aged Health and Allied Services Enterprise Agreement 2018, with the agreement to be registered in accordance with the Fair Work Act. The Commission also directed that the agreement would apply to the employees covered by the agreement from the date of approval. The decision was made in the interest of ensuring that the enterprise agreement was fair, reasonable, and complied with all relevant legal standards.

Lyrebird Villages for the Aged Inc. T/A Lyrebird Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established