DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barraba and District Retirement Homes Association Incorporated T/A Richardson House
(AG2017/5063)

THE RICHARDSON HOUSE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as The Richardson House, 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 Barraba and District Retirement Homes Association Incorporated T/A Richardson House. 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 6 December 2017, 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 29 January 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 matter before the court involved the Barraba and District Retirement Homes Association Incorporated, trading as Richardson House, along with the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The association sought approval for the Enterprise Agreement between the parties for the period 2017 to 2020. This application was made under the Fair Work Act 2009, which provides a framework for resolving disputes about workplace agreements. The application was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and industrial disputes.

The central legal issue before the court was whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary "independent dispute resolution" provisions, was free from prohibited content, and complied with the "better off overall test" which mandates that employees should be no worse off financially and should have at least the same conditions as those provided under the relevant award or registered agreement. The court also had to consider whether the agreement had been fairly negotiated and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement met all the statutory requirements. The agreement included appropriate independent dispute resolution mechanisms, did not contain any prohibited content, and satisfied the better off overall test. The Commission was satisfied that the agreement had been fairly negotiated and was in the best interests of the employees. The Commission approved the agreement, allowing it to come into effect from the specified date. This decision was based on the comprehensive analysis of the terms of the agreement and the evidence provided by the parties.

The final orders of the Commission were that the Enterprise Agreement between the Barraba and District Retirement Homes Association Incorporated, the NSWNMA, and the HSU NSW for the period 2017 to 2020 be approved and registered. The agreement was to be deemed to have effect from the date of the Commission's decision, ensuring that the terms and conditions outlined in the agreement would apply to the employees covered by it. This outcome provided certainty for the employees and the association, allowing them to proceed under the terms of the newly approved agreement.

Barraba and District Retirement Homes Association Incorporated T/A Richardson House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established