DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warramunda Village Incorporated T/A Warramunda Village
(AG2018/6357)

WARRAMUNDA VILLAGE HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the Warramunda Village Health and Allied Services Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Warramunda Village Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Warramunda Village Incorporated T/A Warramunda Village.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warramunda Village Incorporated T/A Warramunda Village brought an application before the Fair Work Commission for the approval of the Warramunda Village Health and Allied Services Enterprise Agreement 2018. The respondent, Health and Community Services Union, opposed the application. The primary dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the necessary standards and conditions for approval.

The key legal issue before the Commission was whether the agreement satisfied the provisions of section 231 of the Fair Work Act. This section requires that an enterprise agreement must provide for the terms and conditions of employment and that it must not provide for terms and conditions that are less favourable than the safety net provided by the relevant award or the national system. Additionally, the Commission had to consider if the agreement included a proper dispute resolution process as required by section 228 of the Act. The Commission needed to assess if the agreement was made in good faith and if it was appropriately certified.

The Fair Work Commission concluded that the agreement did not comply with the statutory requirements. The Commission found that the agreement did not adequately address the terms and conditions of employment, specifically in relation to certain allowances and entitlements. Furthermore, the Commission determined that the agreement lacked a proper dispute resolution process, which is essential for the effective management of employment relations. As a result, the application for approval of the agreement was dismissed. The Commission did not approve the agreement due to its failure to meet the statutory standards for enterprise agreements under the Fair Work Act.

Warramunda Village Incorporated T/A Warramunda Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established