DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dubbo RSL Aged Care Association Ltd
(AG2017/4571)

DUBBO RSL AGED CARE ASSOCIATION LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the Dubbo RSL Aged Care Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[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 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 Dubbo RSL Aged Care Association Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 84. On 14 February 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 6 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

The matter involved Dubbo RSL Aged Care Association Ltd, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW), who sought approval for their Enterprise Agreement 2017-2020. The Fair Work Commission heard the application. The central legal issues concerned the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The court had to determine if the agreement met the 'better off overall test' and whether it adhered to the statutory requirements for enterprise agreements.

The Fair Work Commission considered whether the agreement provided employees with benefits that were at least as good as those they would receive under the relevant award or safety net. The Commission examined the terms of the agreement, the bargaining process, and the impact on employees. It was crucial to ensure the agreement did not undermine employees' rights and provided fair and reasonable terms. The Commission also needed to verify that the agreement was free from prohibited content and met the procedural requirements for approval.

After thorough examination, the Fair Work Commission approved the Enterprise Agreement 2017-2020, finding it met the 'better off overall test' and adhered to all statutory requirements. The Commission was satisfied that the agreement provided fair and reasonable terms for employees, and it did not include any prohibited content. The Commission's decision was based on the comprehensive evidence presented, confirming the agreement's compliance with the Fair Work Act 2009. This approval ensures the agreement's implementation, benefiting both the employer and employees.

The Fair Work Commission ordered the approval of the Dubbo RSL Aged Care Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission, and all parties are bound by its terms and conditions. This decision allows for the immediate implementation of the agreement, providing clarity and certainty for all involved.

Dubbo RSL Aged Care Association Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established