Adelene Nursing Home T/A Adelene Retirement Village

[2014] FWCA 7642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelene Nursing Home T/A Adelene Retirement Village
(AG2014/9202)

ADELENE RETIREMENT VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 OCTOBER 2014

Application for approval of the Adelene Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelene Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelene Nursing Home T/A Adelene Retirement Village. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] I am 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Adelene Nursing Home T/A Adelene Retirement Village, the applicant sought approval for a new enterprise agreement under the Fair Work Act 2009. The dispute arose between Adelene Nursing Home and two respondent unions, the NSW Nurses and Midwives Association and the Health Services Union NSW. The matter was heard in the Fair Work Commission, an Australian federal specialist tribunal with jurisdiction over employment matters. The central issue before the Commission was whether the proposed enterprise agreement, titled the Adelene Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, met the statutory requirements for approval under the Fair Work Act.

The Commission considered several key legal issues, including whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The Commission also evaluated whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the statutory requirements for approval. The Commission examined the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement through good faith bargaining.

After careful consideration of the evidence and submissions, the Commission determined that the proposed enterprise agreement was in the best interests of the employees and should be approved. The Commission found that the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and provided fair and reasonable terms for the employees. The Commission also found that the agreement complied with the statutory requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for improved wages, leave entitlements, and other benefits for the employees, and that the parties had genuinely attempted to reach an agreement through good faith bargaining.

The final orders of the Commission were that the Adelene Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would remain in force until such time as it was varied or terminated in accordance with the Act. The Commission's decision provides important guidance for employers and employees in the aged care sector, and highlights the importance of genuine negotiation and good faith bargaining in the enterprise agreement process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established