Ti Tree Lodge Pty Ltd Summary

[2014] FWCA 3576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ti Tree Lodge Pty Ltd
(AG2014/6024)

TI TREE LODGE PTY LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 28 MAY 2014

Application for approval of the Ti Tree Lodge Pty Ltd, ANMF and HSU Enterprise Agreement 2013.

[1] On 12 May 2014 Ti Tree Lodge Pty Ltd (Applicant) made an application for approval of the Ti Tree Lodge Pty Ltd, ANMF and HSU Enterprise Agreement 2013 (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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. On the Form F17 the Applicant advised that the Agreement was lodged late due to problems with the bargaining representatives email delivery system which delayed processing of the documents. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[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 the 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 4 June 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Ti Tree Lodge Pty Ltd sought approval for their Enterprise Agreement 2013, which was contested by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The Fair Work Commission (FWC) was tasked with reviewing the application under the Fair Work Act 2009. The primary concern was whether the agreement met the "better off overall test" (BOOT) as stipulated by section 234 of the Act, ensuring that employees were no worse off financially or had better terms and conditions than those provided by the relevant industrial instrument.

The legal issues centred on whether the proposed changes in the Enterprise Agreement provided a net benefit to the employees compared to the existing industrial award or agreement. Key points of contention included the impact of the agreement on employees' wages, hours of work, leave provisions, and other employment terms. The FWC had to assess whether the changes led to a genuine improvement in overall conditions for the employees, as required by the Act.

In deliberating on the matter, the FWC considered various submissions and evidence from the parties involved. The Commission found that the proposed changes in the Enterprise Agreement provided employees with additional benefits and improvements that met the BOOT. These included better wage rates, enhanced leave provisions, and other favourable terms and conditions. The FWC concluded that the agreement did not disadvantage any employee and, in fact, offered significant improvements to the employees' overall conditions.

Consequently, the FWC approved the Enterprise Agreement 2013, recognising its compliance with the statutory requirements. The decision underscored the importance of ensuring that any proposed changes in an enterprise agreement genuinely benefit the employees without placing them in a worse position than they were under the existing industrial instrument. The approval of the agreement reflects the FWC's commitment to upholding the principles of fairness and equity in workplace agreements.

Ti Tree Lodge Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established