DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Booroongen Djugun Limited
(AG2015/6666)

BOOROONGEN DJUGUN AGED CARE FACILITY, NSWNMA AND HSU EAST ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the Booroongen Djugun Aged Care Facility, NSWNMA and HSU East Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Booroongen Djugun Aged Care Facility, NSWNMA and HSU East 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 Booroongen Djugun Limited. The agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation (ANMF), New South Wales Nurses and Midwives' Association (NSWNMA) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Booroongen Djugun Limited, sought approval for the construction and operation of an aged care facility in Western New South Wales. The application was contested by the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union Eastern Enterprise (HSUEE). The dispute was heard by the Fair Work Commission (FWC). The key legal issue was whether the proposed enterprise agreement, which governed the employment conditions for staff at the facility, complied with the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the unions contended that it did not adequately protect the interests of their members.

The FWC examined the provisions of the proposed agreement against the relevant provisions of the Fair Work Act. It considered whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, reasonable working hours, and adequate leave provisions. The FWC also assessed whether the agreement allowed for proper consultation and representation of employees. The Commission found that the agreement met the requirements of the Act, as it provided for fair and reasonable terms and conditions, and ensured that employees would be adequately represented. The FWC concluded that the proposed enterprise agreement was fair and reasonable, and approved it for registration.

Booroongen Djugun Limited's application for approval of the proposed enterprise agreement was successful. The FWC determined that the agreement met the requirements of the Fair Work Act and was fair and reasonable. The Court approved the registration of the NSWNMA and HSUEE Enterprise Agreement 2014-2017, allowing the construction and operation of the aged care facility to proceed. The decision provided clarity on the requirements for enterprise agreements in the aged care sector, and ensured that the interests of both employers and employees were protected.

Booroongen Djugun Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established