DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christophorus House Retirement Village Ltd T/A Christophorus House Retirement Village
(AG2017/4724)

CHRISTOPHORUS HOUSE RETIREMENT VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 13 FEBRUARY 2018

Application for approval of Christophorus House Retirement Village, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[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 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 Christophorus House Retirement Village Ltd T/A Christophorus House Retirement Village. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 9 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

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

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 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

In the recent case of Christophorus House Retirement Village Ltd T/A Christophorus House Retirement Village, the applicant sought approval from the Fair Work Commission for the Christophorus House Retirement Village NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. This enterprise agreement was between the applicant, Christophorus House Retirement Village, and the Health Services Union (HSU). The dispute centred on whether the terms of the agreement complied with the relevant federal industrial legislation and if it was in the best interests of the employees.

The primary legal issue before the court was to determine whether the agreement contained all the mandatory terms as required by the Fair Work Act 2009, and whether it met the standard set by the Full Bench of the Fair Work Commission in Health Services Union NSW v Christophorus House Retirement Village Ltd. The court also had to consider if the agreement was in the best interests of the employees and whether it complied with the principles of good faith bargaining.

The Fair Work Commission found that the agreement contained all the mandatory terms and that it was in the best interests of the employees. The court determined that the applicant had made a genuine effort to reach an agreement and that the agreement was fair and reasonable. The commission approved the agreement, emphasising the importance of the parties' adherence to the principles of good faith bargaining. The decision underscored the importance of reaching a fair and reasonable agreement that complies with the legislative requirements and is in the best interests of the employees.

The final orders included the approval of the Christophorus House Retirement Village NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, with specific conditions and provisions that the parties were required to adhere to. The court's decision serves as a reminder of the importance of good faith bargaining and the need for enterprise agreements to meet the statutory requirements and be in the best interests of the employees.

Christophorus House Retirement Village Ltd T/A Christophorus House Retirement Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established