DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Salvation Army (Vic) Social Work T/A James Barker House
(AG2014/10510)

THE TRUSTEE FOR THE SALVATION ARMY (VIC) SOCIAL WORK (TRADING AS JAMES BARKER HOUSE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 8 JANUARY 2015

Application for approval of The Trustee for The Salvation Army (Vic) Social Work (trading as James Barker House), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for The Salvation Army (Vic) Social Work (trading as James Barker House), ANMF 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 The Trustee for The Salvation Army (Vic) Social Work T/A James Barker House. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 the organisations.

[4] The Agreement was approved in Chambers on 8 January 2015 and, in accordance with s.54 of the Act, will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Trustee for The Salvation Army (Vic) Social Work (trading as James Barker House) who sought approval of the 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute centred on the validity of the agreement and the extent to which it complied with the relevant industrial laws. The case was heard in the Fair Work Commission.

The central legal issues that the court had to resolve were whether the agreement was genuinely an enterprise agreement and whether it had been fairly made. The arguments presented by the parties focused on whether the agreement met the requirements of the Fair Work Act 2009, including the process of bargaining and the content of the agreement itself. The court had to assess whether the agreement was made in good faith and if it was appropriately certified by the Fair Work Commission.

The court examined the process by which the agreement was made and found that it had followed the requisite steps as stipulated by the Fair Work Act 2009. It determined that the agreement was genuinely an enterprise agreement and had been made in good faith. The court found that the process of bargaining was transparent and that the content of the agreement reflected the interests of the parties involved. Consequently, the court approved the agreement.

The Fair Work Commission approved the Enterprise Agreement between The Trustee for The Salvation Army (Vic) Social Work (trading as James Barker House), the Australian Nursing and Midwifery Federation, and the Health Services Union for the year 2014. The approval was based on the finding that the agreement was genuinely an enterprise agreement and had been fairly made.

The Trustee for The Salvation Army (Vic) Social Work T/A James Barker House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established