NETHERLANDS RETIREMENT VILLAGE ASSOCIATION OF QUEENSLAND INC.

[2013] FWCA 6820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NETHERLANDS RETIREMENT VILLAGE ASSOCIATION OF QUEENSLAND INC.
(AG2013/2747)

NETHERLANDS RETIREMENT VILLAGE SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 11 SEPTEMBER 2013

Application for approval of the Netherlands Retirement Village Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Netherlands Retirement Village Support Staff Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Netherlands Retirement Village Association of Queensland Inc who was represented by Miles Witt Partnership. 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 Municipal, Administrative, Clerical and Services Union, and United Voice, 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 these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 September 2013. The nominal expiry date of the agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Netherlands Retirement Village Association of Queensland Inc. lodged an application for approval of the Netherlands Retirement Village Support Staff Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, with the primary issue being whether the agreement met the criteria for approval under the Fair Work Act 2009. The respondents, who were the support staff employees, argued that the agreement did not comply with several statutory provisions, particularly concerning procedural fairness and the scope of the agreement.

The Fair Work Commission needed to determine if the agreement had been genuinely negotiated, if it contained the necessary minimum terms and conditions, and if the consultation process was procedurally fair. The Commission examined the evidence presented regarding the negotiation process, the terms of the agreement, and the consultation with the employees. The central issue was whether the association had met its obligations under the Act in reaching and finalising the agreement.

The Commission concluded that the association had fulfilled its obligations, finding that the agreement had been genuinely negotiated and contained all necessary minimum terms and conditions. The consultation process was deemed procedurally fair, and there was no evidence of procedural unfairness. Therefore, the Fair Work Commission approved the Netherlands Retirement Village Support Staff Enterprise Agreement 2013, finding it met all statutory requirements for approval.

As a result of this decision, the Netherlands Retirement Village Support Staff Enterprise Agreement 2013 was approved and registered. The association's application was successful, and the agreement is now legally binding for the support staff employees within the retirement village.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established