FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasey RSL Care Limited T/A Vasey RSL Care
(AG2015/2103)

VASEY RSL CARE LTD HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 30 MARCH 2015

Application for approval of the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vasey RSL Care Limited T/A Vasey RSL Care. The agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 30 March 2015 and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MAS Australasia Pty Ltd, the Fair Work Commission was tasked with approving the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015. The primary dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the appropriate classification and remuneration of employees within the enterprise. The application for approval was brought by the employer, MAS Australasia, and opposed by the union representing the employees.

The legal issues before the Commission included the interpretation of the Fair Work Act in relation to the enterprise agreement provisions, the procedural fairness in the negotiation process, and the adequacy of the proposed agreement in addressing the needs of the employees. Specifically, the union argued that certain classifications and wage rates were not reflective of the actual roles and responsibilities of the employees, and that the agreement failed to adequately address issues of job security and work conditions.

In delivering its decision, the Fair Work Commission examined the negotiation process and the substantive provisions of the proposed agreement. The Commission found that the process was conducted in good faith and that the proposed agreement contained provisions that were fair and reasonable. The Commission was satisfied that the classifications and remuneration structures proposed in the agreement were appropriate, taking into account the specific circumstances of the enterprise. The union's concerns regarding job security and work conditions were addressed through specific clauses within the agreement that provided adequate protections and flexibility.

The Fair Work Commission approved the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015, finding it to be compliant with the requirements of the Fair Work Act. The agreement was deemed to be fair and reasonable, providing appropriate protections and benefits to the employees while also meeting the operational needs of the employer.

MAS Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established