Brisbane Water (NSW) Legacy Summary

[2014] FWCA 8283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Brisbane Water (NSW) Legacy
(AG2014/9538)

BRISBANE WATER (NSW) LEGACY, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Brisbane Water (NSW) Legacy, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Water (NSW) Legacy, 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 Brisbane Water (NSW) Legacy (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 13 October 2014. The application included a Statutory Declaration of Peter Eric Lawley made on behalf of the Employer and dated 30 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 30 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 November 2014. I note that the file has included a Statutory Declaration of Gerard Hayes made on behalf of the Health Services Union (the HSU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Benjamin Morwitzer made on behalf of the New South Wales Nurses and Midwives' Association (the NSWNMA) and the Australian Nursing and Midwifery Federation (the ANMF), as employee organisations in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 31.

[6] 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.

[7] The HSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU.

[8] The NSWNMA and the ANMF, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the NSWNMA and the ANMF.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 November 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Brisbane Water (NSW) Legacy, the applicant sought approval of the Brisbane Water (NSW) Legacy, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. This agreement was proposed between the applicant and the Health Services Union NSW. The dispute arose from the need to formalise and approve the terms and conditions of employment for the union members within the specified period. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for regulating workplace relations.

The primary legal issues before the commission were whether the proposed enterprise agreement complied with the relevant legislative framework and if it met the criteria for approval. The commission had to consider whether the agreement provided for the terms and conditions of employment that were fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the need to promote high levels of productivity and efficiency, and the need for flexibility and adaptability in the workplace. Additionally, the commission assessed whether the agreement provided for the proper representation of employees by the union and whether it contained provisions that were consistent with the principles of industrial relations law.

The Fair Work Commission found that the proposed enterprise agreement was in compliance with the relevant legislation and met the criteria for approval. The commission considered the economic context, productivity, efficiency, and flexibility provisions, and concluded that the agreement was fair and reasonable. The commission also found that the agreement provided for adequate employee representation and contained provisions consistent with the principles of industrial relations law. As a result, the Fair Work Commission approved the Brisbane Water (NSW) Legacy, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, formalising the terms and conditions of employment for the union members within the specified period.

Brisbane Water (NSW) Legacy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established