DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Villaggio Italiano Limited T/A Villaggio Sant' Antonio
(AG2015/1710)

VILLAGGIO SANT' ANTONIO ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 FEBRUARY 2015

Application for approval of the Villaggio Sant' Antonio Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Villaggio Sant' Antonio Enterprise Agreement 2014-2017 (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. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the Australian Capital Territory Branch of the Australian Nursing and Midwifery Federation and United Voice, 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Villaggio Italiano Limited trading as Villaggio Sant' Antonio to the Fair Work Commission for the approval of the Villaggio Sant' Antonio Enterprise Agreement 2014-2017. The agreement was submitted for approval under section 233 of the Fair Work Act 2009, which mandates that agreements must not have a detrimental effect on employees, must be free from coercion or undue influence, and must comply with the agreement approval process.

The legal issues before the court included whether the agreement had been genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act, and whether the application was made within the prescribed timeframe. The applicant argued that the agreement was genuinely negotiated and complied with all legal requirements. The court needed to determine if the application was timely and if the agreement met the necessary standards.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the requirements of the Fair Work Act. The application was considered timely, and the agreement did not have any detrimental effect on the employees. The court approved the agreement, recognising that it provided a fair and reasonable framework for the employment relationship between the parties. The approval of the agreement ensures that the terms and conditions of employment are regulated in a manner that is compliant with the Act and serves the interests of both the employer and employees.

The final order of the court was to approve the Villaggio Sant' Antonio Enterprise Agreement 2014-2017, effective from 1 July 2014 for a period of three years, until 30 June 2017. The approval ensures that the terms and conditions of employment are regulated in a manner that is compliant with the Fair Work Act and serves the interests of both the employer and employees.

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