DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Church in Victoria Social Services Committee T/A Kirkbrae Presbyterian Homes
(AG2015/3884)

PRESBYTERIAN CHURCH OF VICTORIA SOCIAL SERVICES COMMITTEE (TRADING AS KIRKBRAE PRESBYTERIAN HOMES), ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 21 JULY 2015

Application for approval of the Presbyterian Church of Victoria Social Services Committee (trading as Kirkbrae Presbyterian Homes), ANMF and HSU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Church of Victoria Social Services Committee (trading as Kirkbrae Presbyterian Homes), ANMF and HSU 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 Presbyterian Church in Victoria Social Services Committee T/A Kirkbrae Presbyterian Homes. 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 21 July 2015 and, in accordance with s.54 of the Act, will operate from 28 July 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Presbyterian Church of Victoria Social Services Committee trading as Kirkbrae Presbyterian Homes, brought an application to the Fair Work Commission seeking approval of an enterprise agreement. The Australian Nursing and Midwifery Federation and the Health Services Union were also parties to the agreement. The dispute arose over the application's compliance with the Fair Work Act 2009 and the associated Fair Work Regulations 2009. The Commission was required to decide whether the agreement met the requirements of the Act and Regulations, particularly focusing on whether it contained all necessary terms and conditions and whether it complied with procedural requirements.

The legal issues before the Commission involved assessing the substantive and procedural fairness of the agreement. Substantive fairness required the agreement to include all mandated terms and conditions, such as minimum rates of pay, penalties for breaches, and dispute resolution mechanisms. Procedural fairness necessitated that the agreement had been made in accordance with prescribed processes, including proper consultation and notice provisions. The Commission also needed to consider whether the agreement met the public interest test, ensuring it did not undermine the industrial relations system.

The Commission found that the agreement contained all mandated terms and conditions and was made in compliance with the procedural requirements of the Fair Work Act. The agreement was deemed fair and reasonable, meeting the public interest test. The Commission approved the agreement, recognising the efforts of the parties in reaching a fair and balanced outcome. The decision was made in light of the need to support fair and effective enterprise agreements that benefit both employers and employees, while also maintaining the integrity of the industrial relations system.

Presbyterian Church in Victoria Social Services Committee T/A Kirkbrae Presbyterian Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established