Blue Hills Village Management (Liverpool) Pty Ltd

[2018] FWCA 6389

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Blue Hills Village Management (Liverpool) Pty Ltd

(AG2018/2227)

Blue Hills (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021

Aged care industry
Commissioner Harper-Greenwell	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Blue Hills (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Blue Hills (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Hills Village Management (Liverpool) Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and Health Services Union of Australia being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Blue Hills Village Management (Liverpool) Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of a proposed enterprise agreement. This agreement, the Blue Hills (Aged Care) NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021, was submitted by Blue Hills Village Management, a provider of aged care services, and two unions, the NSW Nurses and Midwives' Association (ANMF NSW Branch) and the Health Services Union NSW Branch. The unions sought to represent the employees within the enterprise, who are predominantly care workers. The case centred on the compliance of the proposed agreement with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval, including whether it contained all the mandatory terms and conditions prescribed by the Fair Work Act, and whether it complied with the provisions of the Fair Work (Registered Organisations) Act regarding the representation of employees. The Commission needed to assess if the agreement provided for a fair and reasonable outcome for both the employer and the employees, and whether it adhered to the good faith bargaining principles. The Commission also examined whether the agreement contained all the mandatory terms and conditions, and whether it provided for minimum wages, leave entitlements, and other employment standards.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. It included all the mandatory terms and conditions, such as minimum wages, leave entitlements, and other employment standards. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it adhered to the good faith bargaining principles. The Commission also noted that the unions had been appropriately engaged in the bargaining process and that they had the necessary authority to represent the employees. Consequently, the Commission approved the enterprise agreement, noting that it met all the necessary criteria for approval under the Fair Work Act.

The final orders of the Fair Work Commission were that the Blue Hills (Aged Care) NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 be approved as a registered agreement under the Fair Work Act. This approval will ensure that the terms and conditions of employment for the employees are governed by the agreement, providing a clear framework for the employer and employees to follow in their working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established