DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashfield Baptist Homes Ltd
(AG2014/9648)

ASHFIELD BAPTIST HOMES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of the Ashfield Baptist Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ashfield Baptist Homes Limited, 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 Ashfield Baptist Homes Ltd. 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 9 December 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

Ashfield Baptist Homes Ltd was the applicant seeking approval for the Ashfield Baptist Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The dispute arose under the Fair Work Act 2009, with the application being heard in the Federal Circuit Court of Australia. The primary issue before the court was whether the terms of the proposed enterprise agreement complied with the statutory requirements and whether it was appropriate to approve the agreement in the interests of fairness and efficiency within the workplace.

The court had to determine if the agreement contained mandatory terms that were required by the Fair Work Act, if the agreement had been negotiated in good faith, and if it was likely to achieve a fair and efficient workplace. Additionally, the court needed to consider if the agreement provided for adequate dispute resolution processes and whether it contained terms that were contrary to public policy. The applicant argued that the agreement was fair and equitable and had been negotiated in good faith, while the respondents raised concerns about certain provisions.

The Federal Circuit Court found that the majority of the terms in the agreement were compliant with the statutory requirements. The court considered the negotiation process and found it to have been conducted in good faith. The agreement was found to provide adequate dispute resolution processes and did not contain any terms that were contrary to public policy. Therefore, the court approved the Ashfield Baptist Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, stating that it was fair and efficient for the workplace. The court's decision was based on the evidence presented and the conclusion that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

Ashfield Baptist Homes Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established