Anglican Care

[2014] FWCA 8245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Anglican Care
(AG2014/9345)

ANGLICAN CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 NOVEMBER 2014

Application for approval of the Anglican Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as theAnglican Care, 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 Anglican Care. 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 26 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 matter of the application for approval of the Anglican Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, the applicants sought approval of the agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is tasked with regulating and approving enterprise agreements to ensure they meet certain standards of fairness and compliance with the Act.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections 230 and 231. These sections mandate that enterprise agreements must not have an adverse financial effect on employees, and must be free from terms that are contrary to public policy or otherwise invalid. The Commission needed to assess if the agreement met these criteria and whether it was appropriately negotiated.

The Fair Work Commission found that the proposed agreement did not meet the requirements under section 230, as it contained provisions that could result in an adverse financial effect on employees. Specifically, the Commission identified that certain clauses relating to pay rates and conditions could negatively impact employees' financial security. Additionally, the Commission determined that some terms of the agreement contravened public policy, as they were deemed to be unduly restrictive on employees' rights. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission did not approve the Anglican Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, citing that it failed to meet the standards set by the Fair Work Act, particularly in terms of financial fairness and compliance with public policy. The Commission’s decision was based on the findings that the agreement contained provisions which could lead to adverse financial effects for employees and included terms that were contrary to public policy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established