Villaggio Italiano Limited Summary

[2024] FWCA 1876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Villaggio Italiano Limited

(AG2024/1090)

VILLAGGIO ITALIANO LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 22 MAY 2024

Application for approval of the Villaggio Italiano Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Villaggio Italiano Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Villaggio Italiano Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Villaggio Italiano Limited, represented by the NSWNMA and HSU NSW, applied for the approval of the 2023 Enterprise Agreement. The application was heard in the Fair Work Commission, which has the jurisdiction to assess and approve enterprise agreements under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the statutory requirements for approval, including compliance with the "better off overall test" and the absence of any prohibited content.

The legal issues before the Commission were whether the agreement provided employees with a net benefit overall compared to the applicable awards and whether it contained any terms that were contrary to the public interest or unfair. Additionally, the Commission had to consider whether the agreement was made in good faith and whether proper procedures were followed in its negotiation and formation.

The Fair Work Commission found that the proposed agreement was compliant with all statutory requirements. The agreement was deemed to meet the "better off overall test," as it provided employees with various benefits that outweighed any potential detriments. The Commission also confirmed that the agreement did not contain any terms that were contrary to the public interest or unfair. It was concluded that the agreement was made in good faith and that proper procedures had been followed throughout its negotiation and formation. Consequently, the Commission approved the Villaggio Italiano Limited, NSWNMA and HSU NSW Enterprise Agreement 2023.

The Commission ordered that the Enterprise Agreement be registered and become legally enforceable from the date of the approval decision. The agreement was to apply to all employees of Villaggio Italiano Limited who were covered by the agreement, and it was to remain in force until the earlier of its expiration or termination in accordance with its provisions.

Villaggio Italiano Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established