DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shepparton Retirement Villages Inc t/a Shepparton Villages
(AG2020/4103)

SHEPPARTON RETIREMENT VILLAGES INC. (TRADING AS SHEPPARTON VILLAGES), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019.

[1] Shepparton Retirement Villages Inc t/a Shepparton Villages has applied for approval of a single enterprise agreement known as the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and whether the agreement passes the better off overall test. Further information was provided in relation to these concerns, which the bargaining representatives did not oppose.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 17 February 2021 and, in accordance with s.54, will operate from 24 February 2021. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019. The dispute arose as the parties were unable to reach an agreement regarding the terms and conditions of employment for certain employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for the employees' terms and conditions of employment in a manner that was in accordance with the provisions of the Fair Work Act. The Commission had to assess whether the agreement was in the public interest, taking into account factors such as the balance of the parties' bargaining power, the fairness of the agreement, and the potential impact on the employees and the broader community. The Commission also needed to consider whether the agreement complied with the relevant minimum standards set out in the National Employment Standards and any applicable awards.

The Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable, and that it was in the public interest. The Commission considered that the agreement provided for appropriate protections for the employees, including provisions for minimum rates of pay, leave entitlements, and the protection of employees' rights to freedom of association. The Commission also found that the agreement complied with the relevant minimum standards and did not disadvantage any party. As a result, the Commission approved the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019.

The Commission made an order approving the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019, effective from the date of the decision. The agreement was registered with the Fair Work Commission and became a legally binding enterprise agreement under the Fair Work Act. The parties were required to take all necessary steps to give effect to the agreement and to comply with its terms. The decision provided certainty and clarity for the employees, the employer, and the relevant unions, and ensured that the agreement met the necessary criteria for approval under the Act.

Shepparton Retirement Villages Inc t/a Shepparton Villages

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established