DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairview Care Limited
(AG2017/4703)

FAIRVIEW CARE LIMITED, NSWNMA & HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 7 MARCH 2018

Application for approval of the Fairview Care Limited, NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fairview Care Limited, NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairview Care Limited. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 1 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] The Australian Nursing and Midwifery Federation (ANMF) & Health Services Union (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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Fairview Care Limited sought approval from the Federal Circuit Court for the Fairview Care Limited, NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020. The dispute centred on the fairness and appropriateness of the proposed terms and conditions for the employees of Fairview Care Limited, as negotiated between the employer and the unions. The unions involved were the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court examined the terms of the agreement to ensure they complied with the provisions of the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for approval. The court also assessed whether the agreement provided for appropriate mechanisms to resolve disputes between the employer and employees. The court found that the agreement contained provisions that were fair and reasonable and met the statutory requirements for approval. The court also found that the agreement provided for appropriate mechanisms to resolve disputes between the employer and employees.

Having considered the evidence and arguments presented by the parties, the court approved the Fairview Care Limited, NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020. The court was satisfied that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees of Fairview Care Limited. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable.

Fairview Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established