Australian-Croatian Cardinal Stepinac Association Limited

[2024] FWCA 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian-Croatian Cardinal Stepinac Association Limited

(AG2024/625)

CARDINAL STEPINAC VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of the Cardinal Stepinac Village, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cardinal Stepinac Village, 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 Australian-Croatian Cardinal Stepinac Association Limited (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 Australian-Croatian Cardinal Stepinac Association Limited sought approval for the Cardinal Stepinac Village, NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the association's employees, governed by the Fair Work Act 2009. The Fair Work Commission was the court that reviewed and approved the agreement.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act. This included ensuring the agreement did not harm employees' job security, was not contrary to public interest, and complied with the safety net provisions of the Act. The court also examined if the agreement was made in good faith and whether it contained appropriate dispute resolution processes.

The Fair Work Commission found that the agreement complied with the statutory requirements for approval. The court acknowledged the need for flexibility in the workplace and recognised the agreement as fair and reasonable. The Commission approved the agreement, confirming that it met all the necessary criteria and would benefit the employees and the association.

The final orders of the Fair Work Commission included the approval of the Cardinal Stepinac Village, NSWNMA and HSU NSW Enterprise Agreement 2023. This decision ensures that the agreement remains in effect, providing a framework for the employment terms and conditions of the association's employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established