DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2016/3158)

CHAFFEY AGED CARE ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 27 JUNE 2016

Application for approval of the Chaffey Aged Care Enterprise Agreement 2016.

[1] On 10 May 2016, Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Chaffey Aged Care Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 July 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association lodged an application for the approval of the Chaffey Aged Care Enterprise Agreement 2016. The agreement was between the Association and Chaffey Community Health and Aged Services. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, had been made in good faith, and satisfied the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for the proper administration and financial viability of the employer.

In determining these issues, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and the compliance with the statutory requirements. The Commission found that the agreement was genuine as it had been negotiated in good faith between the parties and was not the result of any coercion or undue influence. The agreement was also found to cover all the necessary provisions as required by the Act and provided for the proper administration and financial viability of the employer. The Commission was satisfied that the agreement met all the necessary criteria and approved it.

The Fair Work Commission approved the Chaffey Aged Care Enterprise Agreement 2016, finding that it was a genuine agreement made in good faith and met all the requirements of the Fair Work Act 2009. The approval of the agreement ensures that the employees of Chaffey Community Health and Aged Services are covered by a legally binding agreement that provides for their rights and obligations. The decision reinforces the importance of genuine and good faith negotiations in the formation of enterprise agreements.

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