Novita Services

[2024] FWCA 4464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Novita Services

(AG2024/4106)

NOVITA ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER THORNTON	ADELAIDE, 12 DECEMBER 2024

Application for approval of the Novita Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Novita Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Novita Services (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Community and Public Sector Union (CPSU) and the Health Services Union (HSU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CPSU and the HSU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 19 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Novita Services involved the application for the approval of the Novita Enterprise Agreement 2024. The applicant, Novita Services, sought approval for the agreement which was negotiated between the employer and the employees represented by the Australian Manufacturing Workers Union (AMWU). The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The central issues were the provisions regarding minimum wages, allowances, conditions of employment, and other employment-related matters. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issues addressed by the Commission were the fairness and reasonableness of the terms of the proposed agreement under the Fair Work Act. The Commission had to consider whether the agreement met the "better off overall test" (BOOT), ensuring employees were not worse off and had reasonable benefits. The Commission also assessed whether the agreement appropriately balanced the interests of the employees and the employer, including provisions for minimum wages, allowances, and other employment conditions. Additionally, the Commission examined if the agreement complied with the procedural requirements of the Fair Work Act, including proper negotiation processes and adequate disclosure of information.

The Fair Work Commission approved the Novita Enterprise Agreement 2024, finding it to be fair and reasonable. The Commission determined that the agreement met the BOOT and provided for fair and reasonable terms and conditions of employment. The Commission considered the evidence presented by both parties and the broader context of the industry. The Commission noted that the agreement provided for reasonable wage increases and included provisions that balanced the interests of both employees and employers. Furthermore, the Commission found that the negotiation process was conducted appropriately and that the agreement complied with the procedural requirements of the Fair Work Act.

The Commission made orders approving the Novita Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also noted that the agreement would be subject to the enforcement and dispute resolution mechanisms provided under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established