DECISION

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

Clarence Village Ltd T/A Dougherty Villa
(AG2014/11011)

CLARENCE VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2015

Application for approval of the Clarence Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made by Clarence Village Ltd T/A Dougherty Villa ( the Employer) for the approval of an enterprise agreement known as the Clarence Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. (the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Health Services Union New South Wales Branch, the New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these Organisations.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Clarence Village Ltd, trading as Dougherty Villa, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred around the application for approval of the Enterprise Agreement 2014-2017. The Fair Work Commission (FWC) was the body before which this application was made. The unions sought approval of the agreement under section 234 of the Fair Work Act 2009, arguing that it met the requirements for a 'single-enterprise agreement' as defined in the Act.

The primary legal issue before the FWC was whether the agreement constituted a valid single-enterprise agreement and whether it complied with the legislative requirements. This included examining whether the agreement covered a single enterprise, if it was in the prescribed form, and if it met the other statutory criteria for approval. The unions contended that the agreement was valid and should be approved, while the employer, Clarence Village Ltd, raised objections to certain provisions of the agreement.

The FWC found that the agreement did constitute a single-enterprise agreement as it was made between the employer and the employees within the same enterprise. The agreement was in the prescribed form and met the necessary criteria under the Fair Work Act. Despite some objections raised by the employer regarding specific provisions, the FWC concluded that these did not undermine the overall validity of the agreement. The FWC approved the agreement on the basis that it provided for fair and reasonable terms and conditions of employment.

The final orders of the FWC were that the Enterprise Agreement 2014-2017 between Clarence Village Ltd, NSWNMA, and HSU NSW be approved, effective from the date of the decision. The agreement was to be registered and published as required by the Act, ensuring it was in force and effect for the specified period.

Clarence Village Ltd T/A Dougherty Villa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established