Dubbo RSL Aged Care Association Ltd

[2014] FWCA 8189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dubbo RSL Aged Care Association Ltd
(AG2014/9358)

DUBBO RSL AGED CARE ASSOCIATION LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Dubbo RSL Aged Care Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dubbo RSL Aged Care Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dubbo RSL Aged Care Association Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dubbo RSL Aged Care Association Ltd sought approval of their enterprise agreement from the Fair Work Commission. The parties involved in the agreement were the Dubbo RSL Aged Care Association Ltd, the NSW Nurses and Midwives' Association, and the Health Services Union of Australia. The dispute centred on the terms and conditions of employment for the nursing staff within the aged care facility, including wages, working hours, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 228 and 230, which mandate that enterprise agreements must not prejudice the essential right of employees to direct industrial action and must be free from prohibited content. The applicants needed to demonstrate that the agreement did not include any terms that could potentially incite industrial action or breach the existing legislative framework.

The Fair Work Commission, after reviewing the agreement, determined that it complied with the necessary legal standards. The Commission found that the agreement did not contain any terms that would prejudice employees' rights to direct action and did not include any prohibited content. Consequently, the Commission approved the enterprise agreement, recognising its alignment with the legislative requirements and its potential to provide a fair and balanced framework for employment within the aged care facility.

As a result of the approval, the Dubbo RSL Aged Care Association Ltd, along with the NSW Nurses and Midwives' Association and the Health Services Union of Australia, can implement the terms of the enterprise agreement. This decision ensures that the agreement will govern the employment conditions of the nursing staff for the specified period, providing clarity and stability in their working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established