Australian Unity Care Services Pty Ltd; Australian Unity Retirement Living Management Pty Ltd T/A Australian Unity Retirement Living Services

[2014] FWCA 853

FAIR WORK COMMISSION

DECISION

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

Australian Unity Care Services Pty Ltd; Australian Unity Retirement Living Management Pty Ltd T/A Australian Unity Retirement Living Services
(AG2014/3358)

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL ENTERPRISE AGREEMENT 2013

Aged care industry
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2014

Application for approval of the Australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the the Australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Unity Care Services Pty Ltd and Australian Unity Retirement Living Management Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Nurses’ and Midwives’ Association and Australian Nursing Federation, New South Wales Branch, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 14 February 2014. The nominal expiry date of the Agreement is 1 October 2017.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Unity Care Services Pty Ltd and Australian Unity Retirement Living Management Pty Ltd, trading as Australian Unity Retirement Living Services, applied for approval of the Australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013. The application was made pursuant to section 232 of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement was a genuine bargain within the meaning of the Act. The Commission considered the fairness of the agreement in terms of its substantive provisions and the process through which it was negotiated.

The legal issues before the Commission involved assessing whether the agreement met the statutory criteria for approval under the Fair Work Act. This required determining if the agreement was a genuine bargain between the employer and the employees, considering factors such as the freedom of negotiation, the adequacy of the bargaining process, and the fairness of the agreement's substantive terms. The Commission also examined the extent to which the agreement complied with the Act’s good faith bargaining obligations and whether it adhered to the principles of procedural fairness.

After thorough examination, the Commission concluded that the proposed enterprise agreement was a genuine bargain. It found that the negotiation process was free from coercion and undue influence, and the substantive terms of the agreement were fair and reasonable. The Commission highlighted that the agreement provided for adequate protections for employees and reflected a balanced outcome. Consequently, the Commission approved the Australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013, finding it to be in compliance with the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established