DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd
(AG2018/6448)

ESTIA HEALTH SA NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 MARCH 2019

Application for approval of the Estia Health SA Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Estia Health SA Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Estia Investments Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 59.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Estia Investments Pty Ltd and the Health Services Union of Australia. The dispute pertained to the approval of the Estia Health SA Nurses Enterprise Agreement 2018. The application was heard by the Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Health Services Union of Australia contested the application, raising issues about the fairness and compliance of the proposed agreement with the relevant legislative provisions.

The primary legal issues the Commission needed to resolve included whether the application was made in good faith, whether the agreement was genuinely negotiated, and if the agreement contained terms and conditions that complied with the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for proper dispute resolution mechanisms and whether it met the requirements for making the agreement an approved agreement under the Act.

In reaching its decision, the Commission found that the application was made in good faith and that the agreement was genuinely negotiated. It also determined that the terms and conditions of the agreement were fair and met the statutory requirements. The Commission concluded that the agreement provided for appropriate dispute resolution mechanisms and satisfied the criteria for approval under the Fair Work Act. Therefore, the Commission approved the Estia Health SA Nurses Enterprise Agreement 2018.

The Commission's final orders included the approval of the Estia Health SA Nurses Enterprise Agreement 2018, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would be binding on the parties involved, ensuring compliance with the Fair Work Act.

Estia Investments Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established