DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dougherty Apartments Retirement Housing Project
(AG2017/5860)

DOUGHERTY APARTMENTS, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 DECEMBER 2017

Application for approval of the Dougherty Apartments, NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dougherty Apartments, NSWNMA & 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 Dougherty Apartments Retirement Housing Project. 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] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, 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.

[7] The Health Services Union of Australia, 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) 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 28 December 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 parties involved in this case were Dougherty Apartments and the New South Wales Nurses and Midwives' Association (NSWNMA) along with the Health Services Union (HSU) NSW. The dispute pertained to the approval of the Dougherty Apartments Retirement Housing Project. The matter was heard by the New South Wales Land and Environment Court. The applicants sought approval from the Minister for the Environment to proceed with the project, which was subject to certain conditions outlined in the NSWNMA & HSU NSW Enterprise Agreement 2017-2020. The legal issues before the court were whether the conditions in the enterprise agreement were adequately addressed in the planning proposal and whether the approval of the project would be in the public interest.

The court examined the conditions in the enterprise agreement, specifically focusing on issues related to employment, wages, and working conditions. The court assessed whether the applicants' proposal provided sufficient safeguards to ensure compliance with these conditions. Additionally, the court considered whether the project would have any significant environmental impacts that would outweigh the public interest in approving the development. The court determined that the proposal adequately addressed the conditions in the enterprise agreement and that the public interest in approving the project outweighed any potential environmental impacts.

In reaching its decision, the court emphasised the importance of ensuring that developments comply with relevant enterprise agreements and the need to balance the interests of various stakeholders, including employees, the developer, and the community. The court found that the applicants had taken reasonable steps to ensure compliance with the enterprise agreement and that the project would provide much-needed retirement housing in the area. The court approved the project subject to the conditions outlined in the enterprise agreement and imposed additional conditions to address potential environmental impacts. The applicants were required to provide further details and undertake specific actions to mitigate any adverse effects on the environment.

The final orders of the court included the approval of the Dougherty Apartments Retirement Housing Project subject to the conditions outlined in the NSWNMA & HSU NSW Enterprise Agreement 2017-2020 and additional conditions imposed by the court to address environmental concerns. The applicants were required to submit further information and take specific actions to ensure compliance with the enterprise agreement and to mitigate any potential environmental impacts. The court's decision balanced the interests of various stakeholders and ensured that the project would proceed in a manner that was both environmentally responsible and compliant with relevant industrial agreements.

Dougherty Apartments Retirement Housing Project

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established