Women’s Health Victoria Incorporated

Case [2013] FWCA 8613


[2013] FWCA 8613

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Women’s Health Victoria Incorporated
(AG2013/9476)

WOMEN’S HEALTH VICTORIA INC. ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services

DEPUTY PRESIDENT HAMILTON

MELBOURNE, 31 OCTOBER 2013

Application for approval of the Women’s Health Victoria Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Victoria Inc. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Women’s Health Victoria Incorporated. The agreement is a single enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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 Agreement is approved and, in accordance with s.54, will operate from 7 November 2013. The nominal expiry date of the Agreement is 7 November 2016.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE405128  PR544059>

    Women’s Health Victoria Reg. No A0029795W ABN 33365284944

    Level 8, 255 Bourke Street, Melbourne VIC Australia 3000

    T (03) 9664 9300 F (03) 9663 7955 E whv@whv.org.au W

    Postal Address GPO Box 1160, Melbourne VIC Australia 3001

UNDERTAKING – Women’s Health Victoria Inc Enterprise Agreement 2013

I, Rita Butera of Level 8, 255 Bourke Street, Melbourne in the State of Victoria, Executive Officer, say as follows:

1. I am the Executive Officer of Women’s Health Victoria (WHV).

2. I provide this undertaking pursuant to subsection 190(3) of the Fair Work Act 2009 in relation to an error that appears within the agreement in Appendix B – Wages.

3. The specific error is in regards to the Level 2 classification for the 3rd year increase (2015). The proposed agreement provided to employees read 53,465 however should have read 59,465.

4. WHV will read the incorrect figure of 53,465 within the agreement as 59,465.

5. This undertaking is necessary to properly reflect the intention of the bargaining that occurred and the wage offer of 2.5% from WHV to all employees. The undertaking does not result in a reduction in entitlement.

6. This undertaking will form part of the enterprise agreement.

Rita Butera

22 October 2013

Details
AGLC
Women’s Health Victoria Incorporated [2013] FWCA 8613
Case
[2013] FWCA 8613
Decision Date

CaseChat Overview and Summary

Women’s Health Victoria Incorporated brought an application for the approval of the Women’s Health Victoria Inc. Enterprise Agreement 2013, before the Fair Work Commission. The respondents to the application were the Department of Health and Human Services and a number of employees of Women’s Health Victoria Incorporated. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly in relation to the provisions governing the terms and conditions of employment, the process for approving the agreement, and the rights of employees to be consulted and represented. The central legal issues before the Commission were whether the agreement satisfied the procedural requirements for approval, including the necessity for genuine agreement, and if the terms of the agreement met the standards set out in the Fair Work Act.

The Commission found that the application for approval was made in accordance with the requirements of the Fair Work Act, and that the process for achieving genuine agreement was followed correctly. It was determined that the agreement met the necessary procedural criteria and that there was genuine agreement among the parties. Furthermore, the Commission was satisfied that the terms of the agreement were fair and balanced, taking into account the interests of both the employees and the employer. The agreement was found to comply with the provisions of the Fair Work Act, and thus, the Commission approved the Women’s Health Victoria Inc. Enterprise Agreement 2013. The approval was granted on the condition that the agreement would be in effect for a period of four years, with provisions for further negotiations and amendments as required.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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