Application for approval of the Havilah Hostel Inc., ANMF and HWU Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Havilah Hostel Inc., ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Havilah Hostel Inc. (Havilah). The Agreement is a single enterprise agreement.

[2] Further information was sought from Havilah in relation to the eligibility of casual employees to participate in the vote concerning the Agreement, taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1]. It was confirmed that of the 57 casual employees that participated in the ballot, only 37 worked during the access period. On the basis this additional information I am prepared to accept that the inclusion in the ballot of a person not eligible to be included did not affect the outcome, and the other employees involved in the ballot were eligible to be involved.

[3] In response to several issues raised with Havilah Hostel Inc. in relation to its application, it has provided written undertakings, a copy of which are 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. The views of the bargaining representatives were sought pursuant to s 190(4) of the Act and no objection was raised. The undertakings are taken to be a term of the agreement. The undertakings relate to pay rates which will apply to certain classifications covered by the agreement.

[4] 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union-Victoria No. 1 Branch (HWU) 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 ANMF and the HWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

[1] [2019] FWCFB 7599

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