DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Durham Green Manor Pty Ltd T/A Durham Green Lodge Memory Care
(AG2018/2224)

DURHAM GREEN (AGED CARE), NSWNMA-ANMF NSW BRANCH AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2018-2021

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Durham Green (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Durham Green (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Durham Green Manor Pty Ltd T/A Durham Green Lodge Memory Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 11 October 2018 and, in accordance with s.54, will operate from 18 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Durham Green Manor Pty Ltd, trading as Durham Green Lodge Memory Care, applied to the Fair Work Commission for the approval of the Durham Green (Aged Care) Enterprise Agreement 2018-2021. The application involved the NSWNMA-ANMF NSW Branch and HSU NSW Branch as the parties to the agreement. The dispute centred around the terms and conditions of employment for aged care workers, with a focus on pay rates, conditions, and other employment matters.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "genuine" enterprise agreement, as defined by the Act, and if it met the requirements for being a "better off overall" agreement. The Commission also considered whether the agreement provided for pay and conditions that were fair and reasonable, and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Fair Work Commission found that the proposed agreement was a genuine enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and that it provided for pay and conditions that were fair and reasonable. The Commission also determined that the agreement met the "better off overall" test, as the majority of employees covered by the agreement would be no worse off and some would be better off. The Commission approved the agreement, finding that it complied with all relevant legislative requirements.

As a result of the Commission's approval, the Durham Green (Aged Care) Enterprise Agreement 2018-2021 is now in effect. The agreement sets out the terms and conditions of employment for aged care workers at Durham Green Manor Pty Ltd, including pay rates, leave entitlements, and other employment matters. The decision of the Fair Work Commission is final and binding, and any disputes arising from the agreement must be resolved through the processes outlined in the Act.

Durham Green Manor Pty Ltd T/A Durham Green Lodge Memory Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established