Victorian Hospitals’ Industrial Association

[2013] FWCA 1955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/5602)

NAPIER STREET AGED CARE SERVICES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER GOOLEY	MELBOURNE, 28 MARCH 2013

Application for approval of the Napier Street Aged Care Services Health and Allied Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Napier Street Aged Care Services Health and Allied Services Enterprise Agreement 2012 (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] The Applicant 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing 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.

[7] The Health Services Union, 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.

[8] The Agreement was approved on 28 March 2013 and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date of the Agreement is 28 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals’ Industrial Association sought approval of the Napier Street Aged Care Services Health and Allied Services Enterprise Agreement 2012. The applicant argued that the agreement contained appropriate terms and conditions for employees at Napier Street Aged Care Services, including wages, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the agreement complied with relevant industrial laws and was fair and reasonable.

The primary legal issue before the Commission was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. This involved assessing the agreement's provisions to ensure they adhered to minimum standards and did not unfairly disadvantage any party. The Commission also had to consider whether the agreement was genuinely negotiated between the employer and the employees' representative, and whether it contained appropriate dispute resolution mechanisms.

After careful consideration, the Commission found that the agreement did indeed comply with the requirements of the Fair Work Act. The terms and conditions were deemed fair and reasonable, meeting the minimum standards set by the Act. The Commission was satisfied that the agreement had been genuinely negotiated and contained appropriate dispute resolution provisions. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement.

The Fair Work Commission's approval of the Napier Street Aged Care Services Health and Allied Services Enterprise Agreement 2012 was formalised in its decision. The agreement was declared to be in effect, providing a legally binding framework for the employment terms and conditions of employees at Napier Street Aged Care Services. This decision ensured that the agreement would be recognised and upheld in any subsequent industrial or employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established