DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd t/a Estia Health
(AG2019/5061)

ESTIA HEALTH NSW ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 MARCH 2020

Application for approval of the Estia Health NSW Enterprise Agreement 2019.

[1] Estia Health has applied for approval of a single enterprise agreement known as the Estia Health NSW Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Estia Health sought to correct an error in the original application, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] On the basis of the material contained in the application, amended Agreement signature page, further information provided on request of the Commission and the Undertaking, 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.

[6] The Health Services Union NSW Branch and the Australian Nursing and Midwifery Federation New South Wales Branch, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 24 March 2020 and, in accordance with s.54, will operate from 31 March 2020. The nominal expiry date of the Agreement is 30 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Estia Investments Pty Ltd trading as Estia Health, the Fair Work Commission was called upon to approve the Estia Health NSW Enterprise Agreement 2019. This agreement was proposed to govern the employment conditions of workers within the New South Wales branch of the organisation. The application was made by the employer, Estia Investments, seeking formal endorsement of the agreement as a registered enterprise agreement under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to verify if the agreement had been genuinely negotiated and if the necessary procedural steps had been followed. Substantively, the Commission had to ensure that the agreement did not adversely affect employees' rights, and that it contained fair terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was consistent with the national minimum standards set out in the National Employment Standards.

After thorough examination, the Fair Work Commission concluded that the Estia Health NSW Enterprise Agreement 2019 met the necessary criteria for approval. The Commission found that the agreement had been genuinely negotiated and that all procedural requirements had been satisfied. The substantive provisions of the agreement were also deemed to be fair and in line with national minimum standards. Therefore, the Commission approved the agreement, recognising it as a registered enterprise agreement. This decision ensures that the terms and conditions set out in the agreement will apply to the employees covered by it.

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