Banksia Villages Ltd T/A Banksia Villages Summary

[2018] FWCA 1391

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Banksia Villages Ltd T/A Banksia Villages

(AG2017/4934)

The Banksia Villages, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 7 MARCH 2018

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

An application has been made for approval of an enterprise agreement known as The Banksia Villages, 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 Banksia Villages Ltd T/A Banksia Villages. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 8 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.

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.

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.

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

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.
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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 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

Banksia Villages Limited, trading as Banksia Villages, applied for approval of The Banksia Villages, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The applicant sought to have the agreement approved as a registered agreement under the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement complied with the relevant provisions of the Act and whether it was made in good faith and without coercion. The case was heard in the Fair Work Commission, which is responsible for making such determinations.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 (Cth) to the proposed enterprise agreement. Specifically, the Commission had to determine whether the agreement met the statutory requirements for registration, including the need for it to be made in good faith and without coercion, and whether it was sufficiently certified and lodged with the Commission. The Commission also needed to consider the application of the Act’s provisions concerning the process for making and approving enterprise agreements.

The Fair Work Commission concluded that the Banksia Villages, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 complied with the requirements of the Fair Work Act 2009 (Cth). The Commission found that the agreement was made in good faith and without coercion, and that it had been sufficiently certified and lodged with the Commission. The Commission also noted that the agreement contained provisions that were consistent with the principles of the Act, including those relating to minimum entitlements, dispute resolution, and procedural fairness. As such, the Commission approved the agreement for registration.

In light of the findings, the Fair Work Commission approved the application for the registration of The Banksia Villages, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. This determination ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009 (Cth). The approval provides certainty and stability to the parties involved and helps to maintain industrial harmony within the sector.

Banksia Villages Ltd T/A Banksia Villages

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established