DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2015/4695)

BASS CARE AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the BASS Care Aged Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BASS Care Aged Care 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 the Victorian Hospitals’ Industrial Association. 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 1 September 2015 and, in accordance with s.54 of the Act, will operate from 8 September 2015. The nominal expiry date of the Agreement is 31 October 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Victorian Hospitals’ Industrial Association seeking approval of the BASS Care Aged Care Enterprise Agreement 2014. This agreement was between the employer, BASS Care, and its employees represented by the Association. The dispute centred on whether the terms of the agreement complied with relevant industrial laws and whether it was fair and reasonable for the employees.

The court had to determine if the agreement was a "genuine" enterprise agreement as defined under the Fair Work Act 2009. This required an assessment of whether the agreement covered an appropriate bargaining unit, was made without coercion or undue influence, and whether it contained the necessary minimum terms. Additionally, the court needed to consider whether the agreement was procedurally sound, ensuring that proper consultation and negotiation processes were followed.

In its decision, the court found that the agreement met the statutory requirements. The Association had appropriately represented the employees, and the negotiation process was fair and transparent. The terms of the agreement were deemed to be reasonable and did not disadvantage any party unduly. Consequently, the court approved the agreement, recognising it as a genuine enterprise agreement under the Act.

No further orders were made beyond the approval of the agreement. The decision confirmed that the agreement was valid and enforceable, providing a clear framework for the employer-employee relationship within the aged care sector.

Victorian Hospitals’ Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established