Estia Investments Pty Ltd trading as Estia Health

[2014] FWCA 4729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Estia Investments Pty Ltd trading as Estia Health
(AG2014/6548)

ESTIA INVESTMENTS PTY LTD (TRADING AS ESTIA HEALTH) ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2014

Application for approval of the Estia Investments Pty Ltd (trading as Estia Health), ANMF and HSU Enterprise Agreement 2014.

[1] On 24 June 2014 Estia Investments Pty Ltd trading as Estia Health (Applicant) made an application for approval of the Estia Investments Pty Ltd (trading as Estia Health), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Health Services Union and Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 July 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Estia Investments Pty Ltd, trading as Estia Health, applied for approval of its 2014 enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it was made in good faith and whether it included the necessary protections for employees.

The primary legal issues involved assessing the fairness of the agreement, ensuring it provided for appropriate minimum terms and conditions, and verifying it did not undermine the protections afforded by the National Employment Standards. The court also examined whether the agreement had been made in a manner that was procedurally fair and whether it was free from any improper influence. The analysis included a review of the bargaining process, the content of the agreement, and the impact it would have on the employees.

The Fair Work Commission found that the agreement was made in good faith and met the necessary requirements under the Fair Work Act. The commission acknowledged the procedural fairness of the bargaining process and the comprehensive nature of the agreement in providing for employee protections. It was determined that the agreement did not undermine the protections of the National Employment Standards and was beneficial to the employees. The commission approved the enterprise agreement, finding that it was fair and appropriate for the employees covered by it.

The final orders included the approval of the Estia Investments Pty Ltd (trading as Estia Health), ANMF and HSU Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement was fair and met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established