Finley Regional Care Ltd

[2024] FWCA 1811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Finley Regional Care Ltd

(AG2024/1006)

FINLEY REGIONAL CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 17 MAY 2024

Application for approval of the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Finley Regional Care Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

Finley Regional Care Limited sought approval for the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute arose from negotiations between the employer and the union representatives concerning wages, conditions of employment, and other terms and conditions applicable to the employees of Finley Regional Care. The matter was heard by the Fair Work Commission (FWC).

The legal issues the court was required to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and whether the agreement met the requirements for approval under section 234 of the Act. Specifically, the court had to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment.

The FWC found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The FWC emphasised the parties' efforts to negotiate in a manner that aimed to reach a mutually acceptable agreement. The court also noted the comprehensive nature of the agreement, which covered a wide range of employment issues, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The FWC concluded that the agreement met the statutory requirements for approval.

The FWC approved the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2023, and the decision is now binding on all parties. The agreement provides a framework for the terms and conditions of employment for the employees of Finley Regional Care for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established