DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Feros Care
(AG2017/5820)

FEROS CARE, NSWNMA, QNMU AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 JANUARY 2018

Application for approval of the Feros Care, NSWNMA, QNMU and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Feros Care, NSWNMA, QNMU and 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 Feros Care. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 81. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 81. 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, the Queensland Nurses and Midwives’ Union of Employees and the Health Services Union of Australia 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 22 January 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

The applicants in this matter sought approval of the Feros Care, NSWNMA, QNMU and HSU NSW Enterprise Agreement 2017-2020. The applicants were trade unions and the employer, Feros Care. The Fair Work Commission was the court in this case.

The main legal issues before the Commission were whether the agreement provided for the appropriate matters and whether it was free from any defects. Additionally, the Commission had to consider whether the agreement was in the public interest.

The Commission found that the agreement did provide for the appropriate matters and that it was free from any defects. It was also in the public interest. The Commission took into account the need to ensure that employees in the aged care industry were treated fairly and that the agreement would not have any adverse effects on the public. The Commission was satisfied that the agreement met these requirements. The Commission approved the agreement and made orders to that effect.

Feros Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established