DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shepparton Retirement Villages Inc. T/A Shepparton Villages; Health Services Union
(AG2014/10008)

SHEPPARTON RETIREMENT VILLAGES INC. (TRADING AS SHEPPARTON VILLAGES), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 6 JANUARY 2015

Application for approval of the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2014.

[1] On 21 November 2014 Shepparton Retirement Villages Inc. (Applicant) made an application for approval of the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 January 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shepparton Retirement Villages Inc. (trading as Shepparton Villages) along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) sought approval for their Enterprise Agreement 2014 from the Fair Work Commission. The application was made to ensure that the agreement would comply with the Fair Work Act 2009 and to certify the agreement as a registered agreement. The unions argued that the agreement was fair and appropriate, while other stakeholders contested certain provisions, leading to a detailed examination by the Commission.

The key legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act, including the "better off overall test" and the "no disadvantage test". The Commission had to assess if the agreement provided for terms and conditions that were at least as good as the relevant award or safety net and whether it unfairly disadvantaged any employee or group of employees. Additionally, the Commission examined the procedural fairness of the bargaining process, considering submissions from all parties involved.

After thorough examination, the Fair Work Commission found that the Enterprise Agreement 2014 did meet the statutory requirements under the Fair Work Act. The Commission confirmed that the agreement was fair and appropriate and certified it as a registered agreement. The Commission's decision was based on its conclusion that the agreement provided for terms and conditions that were at least as good as the relevant award or safety net and did not unfairly disadvantage any employee or group of employees. The Commission also found that the bargaining process was conducted in a procedurally fair manner.

The final orders included the certification of the Enterprise Agreement 2014 as a registered agreement, effective from the date of the Commission's decision. The agreement was to apply to the employees of Shepparton Retirement Villages Inc. (trading as Shepparton Villages) and the relevant union members, ensuring that the terms and conditions outlined in the agreement would govern their employment for the specified period.

Shepparton Retirement Villages Inc. T/A Shepparton Villages; Health Services Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established