DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yallambee Traralgon Village for the Aged Inc.
(AG2018/6148)

TRARALGON VILLAGE FOR THE AGED INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 APRIL 2019

Application for approval of the Traralgon Village for the Aged Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Traralgon Village for the Aged Inc., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yallambee Traralgon Village for the Aged Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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] Subject to 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] I note that Clause 54.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between Yallambee Traralgon Village for the Aged Inc., the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The application was brought before the Fair Work Commission (FWC) by the employer, Yallambee Traralgon Village for the Aged Inc., seeking approval of the 2017 enterprise agreement. The agreement was subject to potential challenges by employees and unions involved.

The key legal issues before the FWC included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, whether it contained the necessary good faith bargaining elements, and if the agreement complied with the procedural fairness requirements. The FWC was required to determine if the agreement met the criteria for approval under the Act, particularly focusing on the bargaining process and the contents of the agreement.

In rendering its decision, the FWC examined the evidence and submissions from the parties, evaluating the process of negotiations and the fairness of the agreement's terms. The Commission found that the agreement was made in good faith and that the bargaining process adhered to the legal requirements. It was determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. Consequently, the FWC approved the enterprise agreement.

The FWC ordered the approval of the Traralgon Village for the Aged Inc. 2017 Enterprise Agreement between Yallambee Traralgon Village for the Aged Inc., the ANMF, and the HSU, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable under the Fair Work Act.

Yallambee Traralgon Village for the Aged Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established