DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2018/3435)

WESTERN REGION CENTRE AGAINST SEXUAL ASSAULT INC (WESTCASA) EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2020

Social, community, home care and disability services
COMMISSIONER GREGORY	MELBOURNE, 22 JULY 2019

Application for approval of the Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2016 - 2020. (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. It is noted that the Commission’s matter number has been incorrectly referenced in the undertakings as “AG2018/3455” instead of “AG2018/3435”, however I do not consider that there is any doubt that the undertakings relate to the current application, and I did not consider it necessary that revised undertakings correcting this error be provided.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Western Region Centre Against Sexual Assault Inc (WestCASA) and the Victorian Hospitals’ Industrial Association. The nature of the dispute was an application for approval of the WestCASA Employees Enterprise Agreement 2016 - 2020. The case was heard by the Fair Work Commission (FWC), an Australian workplace relations tribunal.

The legal issues the court was required to decide included whether the proposed enterprise agreement was in the public interest and whether it complied with the Fair Work Act 2009. The FWC had to consider the impact of the agreement on the employees, the organisation, and the public, as well as any relevant industrial and economic factors. The FWC also had to assess whether the agreement provided for the appropriate balance of rights and obligations between the parties.

The FWC found that the proposed enterprise agreement was in the public interest and complied with the Fair Work Act. The FWC considered the evidence and arguments presented by both parties and concluded that the agreement provided for a fair and reasonable outcome for all involved. The FWC also found that the agreement provided for appropriate mechanisms to address any future industrial disputes. The FWC approved the WestCASA Employees Enterprise Agreement 2016 - 2020, subject to certain conditions.

The final orders of the FWC included the approval of the WestCASA Employees Enterprise Agreement 2016 - 2020, subject to the conditions set out in the decision. The FWC also directed that the agreement be registered with the Australian Industrial Registry. The FWC's decision provides guidance for future enterprise agreements in the sector and ensures that the interests of all parties are considered in the bargaining process.

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