DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berrigan & District Aged Care Association Limited T/A Amaroo Hostel
(AG2014/9665)

THE AGED AND HOME CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of The Aged and Home Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Aged and Home Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berrigan & District Aged Care Association Limited. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Berrigan & District Aged Care Association Limited trading as Amaroo Hostel, the Fair Work Commission was called upon to decide whether to approve an enterprise agreement between the employer and the employees represented by the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union of Australia (HSU NSW) for the period 2014 to 2017. The dispute centred on the terms and conditions of employment stipulated in the proposed agreement.

The legal issues before the Commission were primarily concerned with whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the substantive fairness of the terms, the procedural fairness of the negotiation process, and compliance with any relevant awards or agreements that may have been superseded. The Commission also needed to consider if the agreement provided for adequate protections and entitlements for the employees.

The Commission found that the agreement was substantively fair, as it provided for a reasonable balance of rights and obligations between the parties. It also determined that the negotiation process was procedurally fair, with evidence of genuine bargaining and compliance with procedural requirements. The Commission further noted that the agreement superseded any relevant awards without causing detriment to the employees. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the Commission included the approval of the proposed enterprise agreement, which would now serve as the governing document for the employment terms and conditions between the employer and the employees represented by the NSWNMA and HSU NSW for the specified period.

Berrigan & District Aged Care Association Limited T/A Amaroo Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established