DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Villaggio Italiano Limited T/A Villaggio Sant Antonio
(AG2017/6538)

VILLAGGIO SANT’ ANTONIO ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2018

Application for approval of the Villaggio Sant’ Antonio Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Villaggio Sant’ Antonio Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Villaggio Italiano Limited T/A Villaggio Sant Antonio. 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 Agreement lodged contained an error at Schedule B, Table 4. On 27 April 2018 the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union, Australian Nursing and Midwifery Federation, and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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 7 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Villaggio Italiano Limited, trading as Villaggio Sant Antonio, and its employees. The dispute centred around the approval of the Villaggio Sant’ Antonio Enterprise Agreement 2017-2020. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The employees, represented by a union, contended that the agreement did not adequately protect their interests, while the employer argued that the agreement was fair and reasonable.

The primary legal issues before the Commission included whether the agreement had been made in accordance with the good faith bargaining provisions of the Act, and if it contained the necessary minimum terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees, particularly in terms of their pay and conditions. The Commission also needed to assess the process by which the agreement was negotiated to ensure it met the standards of genuine bargaining.

In its decision, the Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission noted that while some employee representatives had concerns about specific clauses, the majority of employees had participated in the bargaining process, and the agreement reflected their interests. The Commission concluded that the agreement was fair and reasonable, and in the best interests of the employees. Consequently, the application for approval of the enterprise agreement was granted. The Commission made an order approving the Villaggio Sant’ Antonio Enterprise Agreement 2017-2020, subject to the usual registration process.

Villaggio Italiano Limited T/A Villaggio Sant Antonio

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established