DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Booroongen Djugun Limited T/A Booroongen Djugun Aged Care Facility
(AG2017/6277)

BOOROONGEN DJUGUN AGED CARE FACILITY, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017--2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 JANUARY 2018

Application for approval of the Booroongen Djugun Aged Facility, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Booroongen Djugun Aged Care Facility, 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 Booroongen Djugun Limited T/A Booroongen Djugun Aged Care Facility. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] 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.

[7] 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 applicant, Booroongen Djugun Limited trading as Booroongen Djugun Aged Care Facility, sought approval of the Booroongen Djugun Aged Facility, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The application was heard in the Federal Circuit Court, with the Honourable Justice Gilmour presiding. The dispute arose from the negotiation and subsequent approval of an enterprise agreement between the applicant and the Health Services Union (HSU) on behalf of the employees of the facility.

The legal issues before the court centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees it covered, if it complied with the procedural requirements, and if it adhered to the relevant provisions of the Act. Key points of contention included the process of negotiation, the representation of the employees, and the fairness of the terms and conditions outlined in the agreement.

Justice Gilmour carefully reviewed the evidence presented, focusing on the negotiation process and the representation of the employees. The court found that the negotiation process was procedurally sound and that the employees were adequately represented. The terms of the agreement were also examined to ensure they met the statutory requirements and were in the best interests of the employees. Ultimately, the court concluded that the enterprise agreement satisfied the necessary criteria and granted the approval sought by the applicant.

The final orders of the court were that the Booroongen Djugun Aged Facility, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 be approved as of the date of the order. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees covered by the agreement.

Booroongen Djugun Limited T/A Booroongen Djugun Aged Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established