DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd T/A Estia Health
(AG2015/6479)

ESTIA INVESTMENTS PTY LTD (TRADING AS ESTIA HEALTH) - ESTIA HEALTH GROVEDALE, ESTIA HEALTH WODONGA, ESTIA HEALTH PLENTY VALLEY - ANMF AND HSU ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Estia Investments Pty Ltd (trading as Estia Health) - Estia Health Grovedale, Estia Health Wodonga, Estia Health Plenty Valley - ANMF and HSU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Estia Investments Pty Ltd (trading as Estia Health) - Estia Health Grovedale, Estia Health Wodonga, Estia Health Plenty Valley - ANMF and HSU Enterprise Agreement 2015 (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 T/A Estia Health. The agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 4 November 2015 and, in accordance with s.54 of the Act, will operate from 11 November 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Estia Investments Pty Ltd, trading as Estia Health, which sought approval for its proposed enterprise agreements with the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU). The agreements were intended to cover Estia Health Grovedale, Estia Health Wodonga, and Estia Health Plenty Valley. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreements were in the best interests of the employees, given the context of the dispute and the relevant legislation. The Commission had to assess if the agreements met the requirements of the Fair Work Act 2009, including whether they provided for fair and reasonable terms and conditions of employment and whether they complied with the procedural fairness requirements.

The Commission considered the submissions from both Estia Investments Pty Ltd and the unions, as well as the evidence presented. It examined the proposed terms and conditions, including wages, hours of work, and other employment-related matters. The Commission also assessed the procedural fairness of the bargaining process, considering whether the parties had engaged in genuine bargaining and whether Estia had provided adequate information to the unions. After careful consideration of all the evidence and submissions, the Commission concluded that the proposed agreements were fair and reasonable and met the requirements of the Act. The Commission found that the agreements provided for appropriate terms and conditions of employment and that the bargaining process had been conducted fairly.

Accordingly, the Fair Work Commission approved the Estia Health Grovedale, Estia Health Wodonga, and Estia Health Plenty Valley - ANMF and HSU Enterprise Agreement 2015. The approval ensures that the proposed terms and conditions will apply to the employees covered by the agreement, subject to any further orders or directions the Commission may make in relation to the application.

Estia Investments Pty Ltd T/A Estia Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established