DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dungog & District Retirement Living Ltd T/A Lara Aged Care
(AG2014/10046)

LARA AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the Lara Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lara Aged Care, 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 Dungog & District Retirement Living 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 16 December 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

The case involved Dungog & District Retirement Living Ltd, trading as Lara Aged Care, and the National Union of Workers (NUW) and Health Services Union (HSU) NSW branches. The dispute centred on the approval of the Lara Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The application was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues before the court revolved around whether the proposed enterprise agreement complied with the Fair Work Act 2009 and if it was made in good faith and for the purposes of facilitating the agreement. The court had to consider whether the agreement covered the correct bargaining unit, whether it was made without any improper conduct, and whether the agreement met the requirements for approval under the Fair Work Act. Additionally, the court examined if the agreement provided for fair and reasonable terms and conditions for the employees involved.

In its reasoning, the Fair Work Commission determined that the enterprise agreement was appropriately made in good faith and for the purposes of facilitating an agreement. The court found that the agreement covered the correct bargaining unit and that it was made without any improper conduct. The Commission concluded that the proposed agreement met the necessary requirements under the Fair Work Act, providing fair and reasonable terms and conditions for the employees. The court approved the enterprise agreement, finding it to be compliant with the relevant legislation and in the best interests of the employees.

As a result of the court's decision, the Lara Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 was approved, allowing it to take effect. The agreement was deemed to be a fair and reasonable document, providing appropriate terms and conditions for the employees involved. The Fair Work Commission's approval of the agreement ensured that it could be implemented without further legal challenges, allowing the parties to move forward with their intended arrangements.

Dungog & District Retirement Living Ltd T/A Lara Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established