Wheelers Hill Aged Services Pty Ltd as trustee for The Wheelers Hill Aged Services Trust T/A Lifeview - The Willows Summary

[2014] FWCA 6022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wheelers Hill Aged Services Pty Ltd as trustee for The Wheelers Hill Aged Services Trust T/A Lifeview - The Willows
(AG2014/6891)

WHEELERS HILL AGED SERVICES TRUST (TRADING AS LIFEVIEW - THE WILLOWS), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 1 SEPTEMBER 2014

Application for approval of the Wheelers Hill Aged Services Trust (trading as Lifeview - The Willows), ANMF and HSU Enterprise Agreement 2014.

[1] On 21 July 2014 Wheelers Hill Aged Services Pty Ltd as trustee for The Wheelers Hill Aged Services Trust T/A Lifeview - The Willows (Applicant) made an application for approval of the Wheelers Hill Aged Services Trust (trading as Lifeview - The Willows), ANMF and HSU 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 Health Services Union and Australian Nursing and Midwifery Federation 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 8 September 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Wheelers Hill Aged Services Pty Ltd, as trustee for The Wheelers Hill Aged Services Trust, trading as Lifeview - The Willows, and two unions, the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute centred around the approval of the 2014 Enterprise Agreement between the trustee, the unions, and the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement satisfied the requirements for approval as stipulated in section 231 of the Act. Specifically, the Commission had to assess whether the agreement complied with the good faith bargaining provisions, the public interest test, and whether it met the standards for low paid and vulnerable workers. The unions argued that the agreement adequately reflected the bargaining process and was in the public interest, while the trustee contended that certain provisions did not align with the statutory requirements.

In its decision, the Commission meticulously examined the negotiation process and the content of the agreement. It found that the agreement had been made in good faith and that the bargaining process met the statutory requirements. Furthermore, the Commission concluded that the agreement was in the public interest, considering the needs of the employees and the broader community. However, the Commission did not find that the agreement contained provisions that were necessary to protect the interests of low paid and vulnerable workers. Despite this, the Commission determined that the overall agreement was fair and balanced, and approved it under section 231 of the Act.

The Fair Work Commission approved the Enterprise Agreement, acknowledging its compliance with the good faith bargaining provisions and the public interest test, while noting that certain provisions did not adequately protect low paid and vulnerable workers. The Commission's decision was based on a comprehensive assessment of the agreement's content and the bargaining process, ultimately finding it to be fair and balanced for the purposes of the Act.

Wheelers Hill Aged Services Pty Ltd as trustee for The Wheelers Hill Aged Services Trust T/A Lifeview - The Willows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established