DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria by the Park Pty Ltd T/A Victoria by the Park
(AG2016/2309)

VICTORIA BY THE PARK PTY LTD (TRADING AS VICTORIA BY THE PARK), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 29 FEBRUARY 2016

Application for approval of the Victoria By The Park Pty Ltd (trading as Victoria By The Park), ANMF and HSU Enterprise Agreement 2014.

[1] On 15 February 2015 Victoria by the Park Pty Ltd T/A Victoria by the Park (Applicant) made an application for approval of the Victoria by the Park Pty Ltd (trading as Victoria by the Park), ANF and HSU Enterprise Agreement 2014 (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.

[1] The Health Services Union of Australia 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.

[2] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 March 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Victoria By The Park Pty Ltd T/A Victoria By The Park applied to the Fair Work Commission for approval of their Enterprise Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The application was opposed by the Nurses and Midwives’ Union of Victoria, the Australian Medical Association (Victorian Branch), and the Australian Medical Association (Victorian Branch) (the respondents). The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the application for the approval of the Enterprise Agreement should be approved. This involved determining whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding the negotiation, content, and approval of enterprise agreements. The Commission needed to assess whether the agreement was fairly negotiated, provided for fair terms and conditions, and did not adversely affect employees not covered by the agreement.

The Commission examined the negotiation process and found that the agreement was fairly negotiated between the employer and the unions. It then assessed the content of the agreement to determine if it provided for fair terms and conditions and did not adversely affect non-union employees. The Commission found that the agreement met all statutory requirements and was fair and reasonable in all respects. It concluded that the agreement should be approved as it provided for fair terms and conditions, did not adversely affect non-union employees, and was negotiated in good faith.

The Fair Work Commission approved the application for the Enterprise Agreement to be registered. The decision was based on the finding that the agreement was fairly negotiated and provided for fair terms and conditions without adversely affecting non-union employees. The approval was effective from 1 July 2014.

Victoria by the Park Pty Ltd T/A Victoria by the Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established