DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2019/2161)

COOINDA VILLAGE AGED CARE ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 AUGUST 2019

Application for approval of the Cooinda Village Aged Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Village Aged Care Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. 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 Clauses 46, 49, 50, 32 are inconsistent with the National Employment Standards (NES) as they provide restrictions not otherwise provided in the NES. Given the National Employment Standards precedence clause at clause 5.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval of the Cooinda Village Aged Care Enterprise Agreement 2019 from the Fair Work Commission. The association argued that the agreement, which was negotiated with a representative employer, should be approved as a safety net agreement. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement was a safety net agreement, which requires it to be at least as good as the relevant award or registered agreement. The court also had to consider if the agreement was negotiated in good faith, as required by the Fair Work Act. Additionally, the court needed to assess if the agreement provided for appropriate mechanisms for dispute resolution and included provisions that aligned with the objectives of the Act, such as promoting high levels of productivity and harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court concluded that the agreement was a safety net agreement, negotiated in good faith, and included adequate mechanisms for dispute resolution. The agreement also aligned with the objectives of the Fair Work Act. Consequently, the court approved the agreement.

The court ordered that the Cooinda Village Aged Care Enterprise Agreement 2019 be approved as a safety net agreement and registered with the Fair Work Commission. This decision ensures that the agreement provides employees with fair and reasonable terms of employment, in line with the provisions of the Fair Work Act.

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