DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victorian Elderly Chinese Welfare Society Inc. T/A Victorian Elderly Chinese Hostel
(AG2015/2291)

VICTORIAN ELDERLY CHINESE WELFARE SOCIETY INC (TRADING AS VICTORIAN ELDERLY CHINESE HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 15 APRIL 2015

Application for approval of the Victorian Elderly Chinese Welfare Society Inc (trading as Victorian Elderly Chinese Hostel), ANMF and HSU Enterprise Agreement 2014.

[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 2014 (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] 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) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 15 April 2015 and, in accordance with s.54 of the Act, will operate from 22 April 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Elderly Chinese Welfare Society Inc., trading as the Victorian Elderly Chinese Hostel, sought approval for its Enterprise Agreement 2014, which was the subject of a dispute between the society and two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The Fair Work Commission, presided over by Commissioner Douglas, was tasked with determining whether the agreement should be certified as a single, certified agreement under section 232 of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of good faith bargaining and the content of the agreement itself. The Commission had to ensure that the agreement met the requirements of a single, certified agreement, including the procedural fairness of the bargaining process and the substantive fairness of the agreement's terms and conditions.

The Commission found that the agreement was the product of good faith bargaining, and that the content of the agreement was fair and reasonable. The Commission noted that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining, and that the terms and conditions of the agreement were fair and reasonable. The Commission also considered the evidence provided by the parties and the submissions made by the unions and the society. After careful consideration, the Commission concluded that the agreement met the criteria for approval and was in the best interests of the employees. The Commission certified the agreement as a single, certified agreement, effective from the date of the decision.

The final orders of the Commission were that the agreement be certified as a single, certified agreement under section 232 of the Fair Work Act, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Commission's website. The Commission's decision was binding on the parties and provided a framework for the implementation of the agreement in the workplace.

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