DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasey RSL Care Limited T/A Vasey RSL Care
(AG2015/2103)

VASEY RSL CARE LTD HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 30 MARCH 2015

Application for approval of the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vasey RSL Care Limited T/A Vasey RSL Care. 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 30 March 2015 and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vasey RSL Care Limited, trading as Vasey RSL Care, sought approval for the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015. The application was made to the Fair Work Commission, which needed to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, specifically whether there was genuine bargaining between the parties and whether the agreement contained the necessary minimum terms. The Commission also had to consider whether the agreement was in the best interests of the employees covered by the agreement.

The Fair Work Commission found that the agreement had been made through genuine bargaining and contained the necessary minimum terms. The Commission was satisfied that the bargaining process was fair and that the agreement met the requirements of the Act. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Vasey RSL Care Ltd Health and Allied Services Enterprise Agreement 2015. The Commission found that the agreement had been made through genuine bargaining and contained the necessary minimum terms. The Commission was satisfied that the agreement was in the best interests of the employees and provided for fair and reasonable terms of employment.

Vasey RSL Care Limited T/A Vasey RSL Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established