Dougherty Apartments Retirement Housing Project Summary

[2024] FWCA 1436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dougherty Apartments Retirement Housing Project

(AG2024/592)

DOUGHERTY APARTMENTS RETIREMENT HOUSING PROJECT PTY LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Dougherty Apartments Retirement Housing Project Pty Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dougherty Apartments Retirement Housing Project Pty Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Dougherty Apartments Retirement Housing Project (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
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CaseChat Overview and Summary

The applicants, Dougherty Apartments Retirement Housing Project Pty Ltd, sought approval for their proposed retirement housing project in New South Wales. The dispute involved the terms and conditions of the proposed NSWNMA and HSU NSW Enterprise Agreement 2023, which sought to regulate the employment conditions for workers involved in the project. The application was heard by the Fair Work Commission. The primary legal issue the Commission had to address was whether the proposed enterprise agreement was in the best interests of the employees and aligned with the principles of the Fair Work Act 2009. The Commission also had to determine whether the agreement provided fair and reasonable terms for the workers involved.

The Fair Work Commission examined the proposed agreement in detail, considering the implications for employee rights, protections, and working conditions. The Commission took into account the views of both the employer and the union, as well as the interests of the employees. The Commission concluded that the proposed agreement was in the best interests of the employees and was fair and reasonable. The Commission approved the agreement, finding that it provided a satisfactory balance of rights and obligations for all parties involved.

The Fair Work Commission's decision was based on a thorough analysis of the proposed agreement and the interests of the employees. The Commission found that the agreement provided adequate protections for workers and ensured fair and reasonable terms for all parties. The Commission's decision was based on a careful consideration of the evidence and submissions presented by the parties. The final orders of the Commission included the approval of the proposed NSWNMA and HSU NSW Enterprise Agreement 2023, which will now govern the employment conditions for workers involved in the Dougherty Apartments Retirement Housing Project.

Dougherty Apartments Retirement Housing Project

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established