Ashford Ageing Care Facility Inc T/A Sunhaven Hostel

[2014] FWCA 8427

FAIR WORK COMMISSION

DECISION

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

Ashford Ageing Care Facility Inc T/A Sunhaven Hostel
(AG2014/9524)

SUNHAVEN HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Sunhaven Hostel, 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 Ashford Ageing Care Facility Inc T/A Sunhaven Hostel. 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 2 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

Ashford Ageing Care Facility Inc T/A Sunhaven Hostel applied to the Fair Work Commission for approval of the Sunhaven Hostel, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The NSW Nurses and Midwives' Association and the Health Services Union of Australia were the applicant's employees. The applicant sought to finalise the enterprise agreement, and the respondents supported the application. The applicants argued that the enterprise agreement was a good faith, modern, and fair enterprise agreement, and that it was in the best interests of the employees, the employer, and the wider community. The legal issues the court needed to decide were whether the enterprise agreement was a good faith, modern, and fair enterprise agreement and whether it was in the best interests of the employees, the employer, and the wider community.

The Fair Work Commission determined that the enterprise agreement was a good faith, modern, and fair enterprise agreement. The Commission considered the objectives of the Fair Work Act, the enterprise agreement, and the evidence provided by the parties. The Commission found that the enterprise agreement contained provisions that addressed the needs of the employees and the employer and provided for a fair and reasonable balance of interests. The Commission also found that the enterprise agreement was in the best interests of the employees, the employer, and the wider community. The Commission approved the enterprise agreement. The applicant's application was successful, and the enterprise agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established