DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arete Healthcare (Lansdowne) Pty Ltd T/A Lansdowne Nursing Home
(AG2017/3075)

ARETE HEALTH CARE (LANSDOWNE) PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the Arete Health Care (Lansdowne) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Arete Health Care (Lansdowne) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch 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 Arete Healthcare (Lansdowne) Pty Ltd T/A Lansdowne Nursing Home.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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Arete Healthcare (Lansdowne) Pty Ltd T/A Lansdowne Nursing Home and various trade unions. The dispute centred on the application for approval of the Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement should be approved, taking into account the provisions of the Fair Work Act 2009. The unions involved were the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch.

The primary legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act. This included considerations of whether the agreement provided for appropriate minimum wages and conditions, if it adhered to the process for making agreements, and whether it was free from prohibited content. The unions argued that the agreement adequately protected the rights and interests of their members, while the employer contended that the agreement was necessary to maintain the viability of the nursing home.

In its decision, the Fair Work Commission considered the specific provisions of the agreement and the submissions from both parties. The Commission found that the agreement met the requirements for approval. It was satisfied that the agreement provided for appropriate minimum wages and conditions, complied with the necessary processes, and did not contain any prohibited content. The Commission noted that the agreement included provisions for fair and reasonable terms and conditions, adequate dispute resolution mechanisms, and provisions for the health and safety of employees, which were in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Arete Health Care (Lansdowne) Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment of the relevant employees until the agreement is varied or terminated in accordance with its provisions.

Arete Healthcare (Lansdowne) Pty Ltd T/A Lansdowne Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established