DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NVC Operations Pty Ltd T/A National Vet Care
(AG2017/1957)

NVC OPERATIONS BAMGANIE STAFF ENTERPRISE AGREEMENT 2017

Animal care and veterinary services
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2017

Application for approval of the NVC Operations Bamganie Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NVC Operations Bamganie Staff 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 NVC Operations Pty Ltd T/A National Vet Care. The Agreement is a single enterprise agreement.

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 23 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved NVC Operations Pty Ltd, trading as National Vet Care, and its employees, specifically those represented by the Australian Veterinary Association (AVA). The dispute centred around the application for the approval of the NVC Operations Bamganie Staff Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and if it was made in good faith. Specifically, the Commission needed to assess whether the necessary steps were taken to ensure the agreement was made without any coercion, and whether it contained the mandated minimum terms and conditions. Furthermore, the Commission considered whether the agreement was in the best interests of the employees and whether it allowed for genuine bargaining.

In reaching its decision, the Commission examined the process by which the agreement was made and the contents of the agreement itself. It was satisfied that the necessary procedural steps had been followed, and that the agreement was made in good faith. The Commission found that the agreement included the mandated minimum terms and conditions and was in the best interests of the employees. Consequently, the Commission approved the NVC Operations Bamganie Staff Enterprise Agreement 2017.

The Commission's final order was that the NVC Operations Bamganie Staff Enterprise Agreement 2017 be approved, with the agreement to take effect from the date of the decision. This decision provided clarity and certainty to both NVC Operations and its employees, ensuring that the agreement was legally sound and in compliance with the Fair Work Act 2009.

NVC Operations Pty Ltd T/A National Vet Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established