DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Village Pty Ltd
(AG2017/4819)

THE CLARENCE VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 MARCH 2018

Application for approval of The Clarence Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Clarence Village Ltd, 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 Clarence Village Pty Ltd. 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 20 March 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 29 March 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

Clarence Village Pty Ltd was a party to an enterprise agreement with the Health Services Union NSW (HSU NSW) and the New South Wales Nurses and Midwives' Association (NSWNMA). The agreement was set for a period of 2017 to 2020. A dispute arose regarding the approval of the agreement by the Fair Work Commission (FWC). The case was heard in the Federal Circuit Court of Australia, where the court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court had to decide whether the enterprise agreement was in the public interest and if it complied with the procedural requirements outlined in the Act. This involved examining whether the agreement was genuinely negotiated and if it contained the required minimum terms and conditions as specified by the legislation. The court also had to assess if the agreement would promote harmonious, productive, and cooperative workplace relationships.

The court found that the enterprise agreement was genuinely negotiated and met the requirements set out in the Fair Work Act. It held that the agreement contained all the necessary minimum terms and conditions and would foster cooperative workplace relationships. The agreement was deemed to be in the public interest as it provided for fair and equitable terms for both the employees and the employer. The court approved the enterprise agreement, enabling it to take effect from the date of the decision.

Clarence Village Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established