DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Elderly Chinese Welfare Society Inc. T/A Victorian Elderly Chinese Hostel
(AG2018/6971)

VICTORIAN ELDERLY CHINESE WELFARE SOCIETY INC. (TRADING AS VICTORIAN ELDERLY CHINESE HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 APRIL 2019

Application for approval of the Victorian Elderly Chinese Welfare Society Inc. (trading as Victorian Elderly Chinese Hostel), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Elderly Chinese Welfare Society Inc. (trading as Victorian Elderly Chinese Hostel), ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Elderly Chinese Welfare Society Inc. T/A Victorian Elderly Chinese Hostel. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clause 54.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Victorian Elderly Chinese Welfare Society Inc., trading as the Victorian Elderly Chinese Hostel, which sought approval for an enterprise agreement. The application was opposed by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute was heard in the Fair Work Commission, which is tasked with the approval of enterprise agreements under Australian labour law. The central issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single, indivisible, and independent agreement" and if it provided for the fair and efficient resolution of workplace issues. Additionally, the Commission needed to ensure that the agreement was made in good faith and did not undermine the protections afforded to employees under the Fair Work Act.

The Fair Work Commission meticulously reviewed the proposed agreement, examining its structure, provisions, and compliance with statutory requirements. The Commission noted the parties' commitment to good faith bargaining and assessed the fairness of the agreement's terms. The Commission concluded that the agreement was indeed a single, indivisible, and independent document, and that it provided for the efficient and fair resolution of workplace issues. The Commission also found that the agreement was made in good faith and did not undermine the protections provided to employees. Based on these findings, the Commission approved the enterprise agreement.

Following the approval of the enterprise agreement, the Fair Work Commission made an order formalising the approval. The order mandated that the agreement would come into effect on a specified date, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the parties from that date forward. This decision provided clarity and legal certainty to both the Victorian Elderly Chinese Welfare Society Inc. and the unions involved, allowing them to proceed with the implementation of the new enterprise agreement.

Victorian Elderly Chinese Welfare Society Inc. T/A Victorian Elderly Chinese Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established