DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christophorus House Retirement Village Ltd
(AG2014/9626)

CHRISTOPHORUS HOUSE RETIREMENT VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of the Christophorus House Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Christophorus House Retirement Village, 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 Christophorus House Retirement Village Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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 these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christophorus House Retirement Village Limited sought approval from the Fair Work Commission for an Enterprise Agreement that was to govern the terms and conditions of employment for their staff. The application was contested by the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union New South Wales (HSU NSW). The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement was genuinely negotiated, whether it met the requirements for "better off overall" and if it complied with the Fair Work Act. The Commission also considered whether the agreement provided fair and reasonable terms and conditions for employees and if it aligned with the public interest.

The Commission found that the agreement was genuinely negotiated and met the "better off overall" test, which required that no employee would be worse off under the new agreement compared to their previous conditions. The Commission also determined that the agreement was fair and reasonable and did not contravene any provisions of the Fair Work Act. The Commission further found that the agreement was in the public interest as it aimed to provide better care and services to residents of the retirement village. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Christophorus House Retirement Village NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, finding it to be genuinely negotiated, meeting the "better off overall" test, fair and reasonable, and in the public interest. The agreement was approved under the Fair Work Act 2009.

Christophorus House Retirement Village Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established