Mt View Homes Incorporated Summary

[2018] FWCA 2488

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mt View Homes Incorporated

(AG2017/6218)

Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2017

Aged care industry
Commissioner Wilson	MELBOURNE, 4 MAY 2018

Application for approval of the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mt View Homes Incorporated. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mt View Homes Incorporated, which sought approval for the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the enterprise agreement, which proposed various terms and conditions for aged care sector employees, met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement complied with the procedural requirements for approval and whether it contained the necessary provisions to be considered a 'better off overall' agreement. This involved examining the agreement's coverage of essential terms, the process by which it was negotiated, and whether it provided adequate protections and benefits to the employees.

In its reasoning, the court found that the agreement largely complied with the procedural and substantive requirements under the Fair Work Act. The agreement was negotiated in good faith, and the employees were adequately represented during the negotiation process. Furthermore, the court assessed that the agreement provided employees with terms and conditions that were at least as good as, or better than, those provided by the relevant industrial instrument. As a result, the court approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Act.

Consequently, the Fair Work Commission approved the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2017. The agreement was registered and would now form the basis of the employment conditions for the relevant employees within the specified sector.

Mt View Homes Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established