DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arcare Pty Ltd
(AG2017/2646)

ARCARE PTY LTD NSWNMA/ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH, (NSW) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 18 SEPTEMBER 2017

Application for approval of the Arcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Arcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) 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 Arcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Arcare Pty Ltd, with the NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, seeking approval for the Enterprise Agreement 2017. The dispute was heard by the Fair Work Commission, which was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act, and if it was made in good faith and without coercion. The parties debated whether certain provisions, particularly those concerning wages and conditions, complied with the legislative requirements. Additionally, the application raised questions about the process by which the agreement was made and whether it involved genuine bargaining.

The Commission carefully reviewed the agreement and the process by which it was negotiated. It examined the evidence provided by the parties, including the bargaining history and the terms of the agreement. The Commission concluded that the agreement was made in good faith and without coercion, and that it contained all the mandatory terms required by the Fair Work Act. The Commission was satisfied that the agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the Enterprise Agreement 2017, finding it to be compliant with the legislative requirements. This decision ensures that the terms of the agreement are legally binding on the parties involved, providing a framework for the employment relationship moving forward.

Arcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established