| [2024] FWCA 1440 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Booroongen Djugun Limited
(AG2024/617)
BOOROONGEN DJUGUN, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 19 APRIL 2024 |
Application for approval of the Booroongen Djugun, NSWNMA and HSU NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Booroongen Djugun, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Booroongen Djugun Limited (Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.
COMMISSIONER
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- AGLC
- Booroongen Djugun Limited [2024] FWCA 1440
- Case
- [2024] FWCA 1440
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission encompassed several critical elements, including whether the agreement was genuinely a product of free and voluntary bargaining between the parties, whether it contained all required minimum terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also needed to assess whether the agreement adequately provided for the protection of employee rights and interests.
In delivering its decision, the Fair Work Commission meticulously examined the evidence and submissions presented. It determined that the agreement was indeed a result of genuine collective bargaining, as it was negotiated between the employer and the relevant unions in good faith. The Commission confirmed that the agreement met all statutory minimum standards and contained all mandatory terms and conditions. Furthermore, the Commission found that the agreement provided appropriate protections for employee rights and interests. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legislative framework and its potential to foster a fair and productive workplace.
The final order granted by the Commission was the approval of the Booroongen Djugun, NSWNMA and HSU NSW Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the relevant employees, subject to any further modifications or negotiations in the future.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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