DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Victoria Home Inc.
(AG2018/5552)

QUEEN VICTORIA HOME NON-NURSING ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2019

Application for approval of the Queen Victoria Home Non-Nursing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Home Non-Nursing 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 Queen Victoria Home Inc.. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Queen Victoria Home Inc. was the applicant seeking approval of the Queen Victoria Home Non-Nursing Enterprise Agreement 2017. The respondent was the Health Services Union of Australia. The dispute centred on the terms and conditions of employment for non-nursing staff employed by the Queen Victoria Home, with the applicant arguing that the agreement provided fair and reasonable terms for its employees, while the respondent contended that certain provisions were not adequately protective of employee rights.

The legal issues before the Commission included whether the proposed agreement provided for terms and conditions that were fair and reasonable, whether the agreement appropriately balanced the interests of the employer and employees, and whether specific provisions, such as those relating to casual employment and redundancy, complied with relevant legislative standards. Additionally, the Commission had to determine whether the agreement appropriately addressed the needs of vulnerable employees and whether the consultation process adhered to procedural fairness.

The Commission found that the proposed agreement, while generally fair and reasonable, contained some provisions that did not adequately protect employee rights. The Commission made several modifications to the agreement to address these concerns, including adjustments to the provisions on casual employment and redundancy. The Commission also considered the evidence presented regarding the consultation process and determined that the process was procedurally fair. Ultimately, the Commission approved the agreement with modifications, finding that it provided for fair and reasonable terms and conditions of employment while appropriately balancing the interests of both the employer and employees.

The Fair Work Commission approved the Queen Victoria Home Non-Nursing Enterprise Agreement 2017, with the modifications made to the original agreement. The modifications included changes to the provisions on casual employment and redundancy, as well as clarifications on other terms and conditions. The Commission's decision was based on the conclusion that the agreement, as modified, provided for fair and reasonable terms and conditions of employment and appropriately balanced the interests of both the employer and employees.

Queen Victoria Home Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established