DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairview Care Limited
(AG2014/10899)

THE FAIRVIEW CARE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 9 FEBRUARY 2015

Application for approval of The Fairview Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] On 17 December 2014 Fairview Care Limited (Applicant) made an application for approval of The Fairview Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (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 of Australia, The Australian Nursing and Midwifery Federation and The New South Wales Nurses and Midwives’ Association, 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 16 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fairview Care Limited is the subject of an application to approve an enterprise agreement made between the company and its employees as represented by the NSW Nurses and Midwives Association and the Health Services Union NSW. The application was brought before the Fair Work Commission (FWC) to seek approval of the Fairview Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The legal issues that the FWC had to decide on involved whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and contained terms that were consistent with the safety net provided by the Act.

The FWC considered the arguments presented by the parties and examined the terms of the enterprise agreement. It was determined that the agreement met the necessary criteria under the Fair Work Act 2009, including the requirement for the agreement to be in writing and to contain certain prescribed terms. The FWC also found that the agreement was made in good faith and did not undermine the safety net of minimum entitlements provided by the Act. Furthermore, the FWC found that the agreement did not have an adverse effect on the operations of the employer or employees and was not likely to have a detrimental impact on the wider economy. Based on these findings, the FWC approved the Fairview Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

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