DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Securo Care Pty Ltd T/A Villa Del Sole
(AG2015/3556)

SECURO CARE PTY LTD (TRADING AS VILLA DEL SOLE), ANF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2015

Application for approval of the Securo Care Pty Ltd (trading as Villa del Sole), ANF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Securo Care Pty Ltd (trading as Villa del Sole), ANF and HSU Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Securo Care Pty Ltd T/A Villa Del Sole. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Securo Care Pty Ltd, trading as Villa Del Sole, along with the Australian Nurses and Midwives Federation and the Health Services Union, applied to the Fair Work Commission for the approval of the 2014 Enterprise Agreement. The applicant sought to have the agreement approved under the provisions of the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which the applicants argued were fair and reasonable, while the respondents contended that certain provisions were not in line with the relevant legislative requirements.

The legal issues before the court involved whether the provisions of the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement contained the necessary provisions for minimum wages and conditions, and whether it complied with the procedural requirements for approval. The court also needed to assess whether the agreement was genuinely negotiated and if it contained appropriate mechanisms for the resolution of workplace disputes.

The Fair Work Commission found that the proposed agreement contained all the necessary provisions for minimum wages and conditions, and it was genuinely negotiated between the parties. The court was satisfied that the agreement complied with the procedural requirements and that it contained appropriate mechanisms for resolving workplace disputes. Given these findings, the court approved the Securo Care Pty Ltd (trading as Villa del Sole), ANF and HSU Enterprise Agreement 2014. The approval was based on the determination that the agreement met all the statutory criteria and was fair and reasonable for the employees covered by it.

Securo Care Pty Ltd T/A Villa Del Sole

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established