DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Feros Care
(AG2015/2351)

FEROS CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 APRIL 2015

Application for approval of the Feros Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Feros Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (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 Health Services Union New South Wales Branch, the New South Wales Branch of 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) of the Act, I note that the Agreement covers these organisations.

[3] I am 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Feros Care, NSW Nurses and Midwives Association, and Health Services Union NSW, sought the court's approval for the Feros Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The primary issue before the court was whether the agreement met the necessary criteria under the Fair Work Act 2009. The court had to determine if the agreement was a "good faith" negotiation outcome and whether it provided for the minimum entitlements as stipulated by the Act. Additionally, the court examined whether the agreement complied with procedural fairness and if it had been appropriately certified by the relevant authority.

The court meticulously reviewed the negotiation process and the contents of the agreement. It found that the agreement was the result of good faith bargaining and contained all the mandatory terms required by the Act. The court also confirmed that the agreement was procedurally sound and had been certified as per the legal requirements. The applicants satisfied the court that the agreement was fair and reasonable, thus meeting all the legislative criteria for approval.

Accordingly, the court approved the Feros Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, finding it to be compliant with all statutory requirements. The court's decision was based on the comprehensive evidence presented, which demonstrated that the agreement was both a genuine product of good faith negotiations and met all legal standards.

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