| [2022] FWCA 4541 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4909)
Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 21 DECEMBER 2022 |
Application for approval of the Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026
The Victorian Hospitals’ Industrial Association, in its capacity as the employer bargaining representative, has applied under s.185 of the Fair Work Act 2009 (Act) for the approval of a single enterprise agreement titled the “Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026” (Agreement).
Western Region Centre Against Sexual Assault Inc, the employer covered by the Agreement has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the concerns raised that the Agreement did not meet some of the approved requirements, and will not cause financial detriment to any employee covered by the Agreement nor result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Health Services Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 May 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Victorian Hospitals’ Industrial Association [2022] FWCA 4541
- Case
- [2022] FWCA 4541
- Decision Date
CaseChat Overview and Summary
The primary legal issues the FWC had to decide included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement had been made in good faith, and if it was free from any illegality or unfairness. Additionally, the FWC needed to consider if the agreement provided a safety net for employees, ensuring that the terms were not less favourable than the applicable awards or the National Employment Standards.
The FWC found that the agreement complied with all the mandatory requirements and was made in good faith. The agreement contained all the necessary prescribed terms and did not contravene any provisions of the Act. The FWC concluded that the agreement was free from illegality and did not disadvantage any employee. The safety net provisions were also found to be adequate, ensuring that the agreement provided a minimum set of protections for the employees. Consequently, the FWC approved the agreement.
The FWC issued an order approving the Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026, effective from 1 July 2022. The order noted that the agreement would be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The approval was subject to the ongoing compliance with the Fair Work Act and the terms of the agreement itself.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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