DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Paul Leong Family Trust No 2 T/A Java Dale Pty Ltd
(AG2018/5354)

THE TRUSTEE FOR PAUL LEONG FAMILY TRUST NO.2 (TRADING AS JAVA DALE PTY LTD), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2019

Application for approval of the The Trustee for Paul Leong Family Trust No.2 (trading as Java Dale Pty Ltd), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the The Trustee for Paul Leong Family Trust No.2 (trading as Java Dale Pty Ltd), ANMF and HSU 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 The Trustee for Paul Leong Family Trust No 2 T/A Java Dale Pty Ltd. 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] I note that Clauses 54.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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 12 April 2019. 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 Trustee for Paul Leong Family Trust No 2 T/A Java Dale Pty Ltd sought approval of the ANMF and HSU Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose from the negotiation and implementation of the enterprise agreement, which governs the terms and conditions of employment for employees within the organisation. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) were also involved in the application, representing the employees' interests. The application was heard in the Fair Work Commission, the primary body responsible for resolving workplace disputes in Australia.

The legal issues before the Commission included whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, and whether the application process was conducted in accordance with the relevant provisions. Specifically, the Commission had to determine if the agreement had been fairly negotiated, if it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for approval. Additionally, the Commission needed to consider whether the application was made within the correct timeframe and if any procedural fairness was observed in the process.

The Commission, after reviewing the evidence and submissions from both parties, found that the application was made within the appropriate timeframe and that the agreement had been fairly negotiated. The Commission concluded that the agreement contained the necessary minimum terms and conditions and complied with the relevant provisions of the Act. The Commission also found that the application process had been conducted in a procedurally fair manner. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability.

In summary, the Fair Work Commission approved the ANMF and HSU Enterprise Agreement 2017, finding that it met all statutory requirements and was fairly negotiated. The Commission's decision provides clarity on the terms and conditions of employment for the employees within the organisation, governed by the approved enterprise agreement.

The Trustee for Paul Leong Family Trust No 2 T/A Java Dale Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established