Banksia Villages Ltd

[2024] FWCA 2000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Banksia Villages Ltd

(AG2024/1502)

BANKSIA VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 31 MAY 2024

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

An application has been made for approval of an enterprise agreement known as the Banksia 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 Banksia Villages Ltd (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

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CaseChat Overview and Summary

Banksia Villages Ltd applied for approval of the Banksia Village, NSWNMA and HSU NSW Enterprise Agreement 2023 in the Fair Work Commission. The applicant, Banksia Villages Ltd, sought to have the agreement approved, which was made between itself and the Health Services Union NSW (HSU NSW) acting on behalf of its members employed by the applicant. The union involved in the agreement was the NSW Nurses and Midwives' Association (NSWNMA). The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court needed to determine if the agreement contained the necessary provisions, including those relating to minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the court examined whether the agreement complied with the procedural requirements for the making of such agreements, including proper consultation and the provision of necessary information to the employees. The court also considered whether the agreement was made in good faith and if it was likely to achieve a better outcome for the employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. It included appropriate provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The applicant had adequately consulted with the employees and provided necessary information. The agreement was deemed to have been made in good faith and would likely achieve a better outcome for the employees. Therefore, the Fair Work Commission approved the Banksia Village, NSWNMA and HSU NSW Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established