St Basil’s Homes for the Aged in Victoria

[2014] FWCA 6030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Basil’s Homes for the Aged in Victoria
(AG2014/6953)

ST BASIL’S HOMES FOR THE AGED IN VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 1 SEPTEMBER 2014

Application for approval of the St Basil’s Homes for the Aged in Victoria, ANMF and HSU Enterprise Agreement 2014.

[1] On 25 July 2014 St Basil’s Homes for the Aged in Victoria (Applicant) made an application for approval of the St Basil’s Homes for the Aged in Victoria, 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 Health Services Union and 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 September 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Basil’s Homes for the Aged in Victoria sought approval for the St Basil’s Homes for the Aged in Victoria, ANMF and HSU Enterprise Agreement 2014. The application was made pursuant to section 233 of the Fair Work Act 2009. The application was brought by St Basil’s Homes for the Aged in Victoria and opposed by the Health Services Union (HSU). The dispute centred on whether the agreement was in the best interests of the employees covered by it.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under section 230 of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and appropriate terms and conditions, and whether it was in the best interests of the employees. The court also had to consider the nature of the changes proposed in the agreement, the extent of employee consultation, and the fairness of the proposed changes to the employees.

In deciding the matter, the court examined the evidence provided by both parties. It was noted that the agreement had been developed through a process of consultation with the employees and their representatives. The court found that the agreement contained provisions that were fair and appropriate, and that the process of consultation had been adequate. The court was satisfied that the agreement was in the best interests of the employees, and approved the application for registration of the enterprise agreement. The court emphasised the importance of fair and appropriate terms and conditions for employees, and the role of consultation in achieving this outcome.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established