Uniting AgeWell

[2014] FWCA 799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting AgeWell
(AG2013/12810)

UNITING AGEWELL VICTORIA ANF AND HSU COLLECTIVE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Uniting AgeWell Victoria ANF and HSU Collective Agreement 2013.

[1] On 20 December 2013 Uniting AgeWell (Applicant) made an application for approval of the Uniting AgeWell Victoria ANF and HSU Collective 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 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 Australian Nursing and Midwifery Federation and the Health Services Union Victorian Branch, 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 10 February 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Uniting AgeWell sought approval of a collective agreement with the Health Services Union. The agreement was intended to regulate the terms and conditions of employment for certain employees. The Health Services Union contested the application on several grounds, including that it did not adequately protect the rights of employees and failed to comply with certain legislative provisions.

The Commission needed to determine whether the agreement was in the best interests of the employees and whether it complied with relevant legislation. In assessing the agreement, the Commission considered whether it provided appropriate protections for employees, including provisions for consultation and dispute resolution. The Commission also examined whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations.

After considering the arguments and evidence presented by both parties, the Commission determined that the agreement was in the best interests of the employees and complied with relevant legislation. The Commission found that the agreement provided appropriate protections for employees, including provisions for consultation and dispute resolution, and met the requirements of the Fair Work Act and the Fair Work Regulations. The application was therefore approved.

The Commission ordered that the Uniting AgeWell Victoria ANF and HSU Collective Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees covered by the agreement and will regulate their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established