DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autumn Lodge
(AG2017/4712)

AUTUMN LODGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Autumn Lodge, 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 Autumn Lodge. 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 13 February 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 21 February 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 application for approval of the Autumn Lodge, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The dispute arose between the employer, Autumn Lodge, and the employees represented by the NSW Nurses and Midwives' Association and the Health Services Union NSW. The disagreement centred on the terms and conditions of employment set out in the proposed enterprise agreement, with particular focus on provisions relating to wages, working conditions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the proposed enterprise agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the 'better off overall test'. This test requires that the employees be no worse off financially and, in some cases, better off overall as a result of the agreement. The Commission also needed to consider whether the agreement contained any provisions that were contrary to public policy or that failed to comply with the general protections provisions of the Fair Work Act.

In its decision, the Fair Work Commission thoroughly examined the provisions of the proposed agreement. It found that the agreement was procedurally sound, having been negotiated in good faith and with adequate consultation between the parties. The Commission determined that the agreement satisfied the better off overall test, as it provided employees with improved wages, conditions, and other benefits that outweighed any potential disadvantages. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that failed to comply with the general protections provisions of the Fair Work Act.

Consequently, the Fair Work Commission approved the Autumn Lodge, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The approval signified that the agreement was fair and reasonable, meeting the legal requirements for enterprise agreements under the Fair Work Act. The decision set a precedent for future agreements in the sector, providing clarity on the expectations for negotiations and the standards for approval.

Autumn Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established