VincentCare Victoria

[2014] FWCA 7883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VincentCare Victoria
(AG2014/9133)

VINCENTCARE VICTORIA RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 6 NOVEMBER 2014

Application for approval of the VincentCare Victoria Residential Aged Care Enterprise Agreement 2014.

[1] On 24 September 2014 VincentCare Victoria (Applicant) made an application for approval of the VincentCare Victoria Residential Aged Care Enterprise Agreement 2014 (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, have been met.

[4] The Australian Nursing and Midwifery Federation and Health Services Union, 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 13 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, VincentCare Victoria, an aged care provider, applied for the approval of the VincentCare Victoria Residential Aged Care Enterprise Agreement 2014. The application was brought by the applicant, the Australian Council of Trade Unions, acting on behalf of employees covered by the proposed agreement. The dispute concerned the terms and conditions of employment for various employee groups within VincentCare Victoria, including registered nurses, enrolled nurses, personal care attendants, and other support staff.

The primary legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms for the employees, whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if the agreement had been genuinely negotiated and concluded in good faith. A further issue was the extent to which the agreement addressed the specific needs of aged care workers, particularly in light of the unique challenges faced by the sector.

The Commission examined the submissions from both the applicant and the respondent, taking into account the economic context, industry standards, and the specific circumstances of the aged care sector. It was noted that the proposed agreement included provisions for wages, leave entitlements, and various other terms and conditions that were generally in line with industry standards. The Commission concluded that the agreement provided fair and reasonable terms for the employees, complied with the relevant statutory requirements, and was genuinely negotiated. The Commission approved the agreement, acknowledging the unique challenges of the aged care sector and the need to ensure fair treatment of employees in this important industry.

The Fair Work Commission approved the VincentCare Victoria Residential Aged Care Enterprise Agreement 2014, effective from 1st January 2015. The approval recognised the specific needs of the aged care sector and the importance of providing fair and reasonable terms to employees in this critical industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established