DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing Home Foundation Limited
(AG2017/5223)

THE ANHF, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017- 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 MARCH 2018

Application for approval of the The ANHF, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The ANHF, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nursing Home Foundation Limited. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 26 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the 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 3 April 2018. 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 the Australian Nursing Home Foundation Limited, the NSW Nurses and Midwives' Association, and the Health Services Union of Australia. The dispute centred around the approval of the Enterprise Agreement between the parties for the period 2017-2020. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees and the employer.

The legal issues before the Commission included whether the agreement met the procedural fairness requirements, such as providing adequate notice and opportunity for employees to review and discuss the agreement. Additionally, the Commission needed to assess whether the agreement included mandatory terms, such as minimum wages and conditions, and whether it provided for a fair and reasonable resolution of disputes. The Commission also had to consider whether the agreement promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Commission noted that the agreement had been developed through a process that allowed for meaningful consultation and participation by the parties. The Commission found that the agreement met the procedural fairness requirements and included all necessary mandatory terms. The Commission also determined that the agreement promoted harmonious, productive, and cooperative workplace relations and was in the best interests of the employees and the employer. As such, the Commission approved the agreement and issued its orders accordingly.

The Fair Work Commission approved the Enterprise Agreement between the Australian Nursing Home Foundation Limited, the NSW Nurses and Midwives' Association, and the Health Services Union of Australia for the period 2017-2020. The Commission found that the agreement met the necessary procedural fairness requirements, included all mandatory terms, and promoted harmonious, productive, and cooperative workplace relations. The Commission's approval ensures that the agreement remains in effect and provides a framework for the employment conditions of the parties involved.

Australian Nursing Home Foundation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established