DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castellorizian Aged Care Services Limited
(AG2017/3963)

CASTELLORIZIAN AGED CARE SERVICES LIMITED, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 SEPTEMBER 2017

Application for approval of the Castellorizian Aged Care Services Limited, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Castellorizian Aged Care Services Limited, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Castellorizian Aged Care Services Limited.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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2017. 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 case involves an application for the approval of an enterprise agreement between Castellorizian Aged Care Services Limited, NSWNMA, ANMF NSW Branch, and HSU New South Wales Branch. The dispute was heard and determined in the Fair Work Commission. The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was in the best interests of the employees, whether it provided for genuine bargaining, and whether it complied with the relevant provisions of the Act.

The Fair Work Commission examined the fairness and reasonableness of the terms and conditions proposed in the agreement. It assessed whether the agreement provided a safety net for employees, ensured procedural fairness, and included provisions for genuine collective bargaining. The court also evaluated the submissions from the parties, including evidence and arguments presented by the employer and the unions, to determine whether the agreement was appropriate for approval. After considering all the evidence and arguments, the court found that the proposed agreement met the legal requirements and was in the best interests of the employees. The court approved the enterprise agreement, finding it to be fair and reasonable.

The Fair Work Commission made orders approving the Castellorizian Aged Care Services Limited, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The agreement was approved as a registered agreement, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment of the employees within the scope of the agreement, providing a stable and fair working environment for both the employer and the employees.

Castellorizian Aged Care Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established