Ashford Aging Care Facility Inc

[2024] FWCA 1452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ashford Aging Care Facility Inc

(AG2024/656)

SUNHAVEN HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Sunhaven Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sunhaven Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Ashford Aging Care Facility Inc (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ashford Aging Care Facility Inc, sought approval of the Sunhaven Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023. The respondent, the New South Wales Nurses and Midwives’ Association, argued that the agreement did not sufficiently meet the needs of their members. The case was heard in the Industrial Court of New South Wales.

The primary legal issues addressed by the court involved the adequacy and fairness of the proposed agreement. The court had to determine whether the agreement provided appropriate terms and conditions for the employees, including wages, hours of work, leave provisions, and other employment-related matters. Additionally, the court considered whether the agreement complied with relevant industrial laws and regulations.

The court meticulously reviewed the terms of the agreement and the submissions from both parties. It found that the agreement generally provided for fair and reasonable terms and conditions for the employees. The court emphasised the importance of maintaining a balance between the interests of the employer and the employees. The court concluded that the agreement, while not perfect, was sufficiently fair and appropriate for approval.

The final orders of the court were that the Sunhaven Hostel, NSWNMA and HSU NSW Enterprise Agreement 2023 be approved, subject to the conditions specified in the judgment. The court's decision acknowledged the need for ongoing monitoring and potential adjustments to the agreement to ensure it meets the evolving needs of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established