DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finley Regional Care Ltd
(AG2014/9630)

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

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Finley Regional 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 Finley Regional Care Ltd. 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 9 December 2014. 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

Finley Regional Care Limited, along with the NSW Nurses and Midwives' Association and the Health Services Union NSW, sought approval for the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, before the Fair Work Commission. The primary dispute centred around the terms and conditions of employment for nursing staff at Finley Regional Care, including wages, working hours, leave provisions, and other employment-related matters. The crux of the matter was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, ensuring it provided fair and reasonable terms for the employees.

The Fair Work Commission had to determine if the agreement provided for fair and reasonable terms and conditions, considering the broader economic environment, and if it complied with the procedural requirements for approval as outlined in the Fair Work Act. Furthermore, the Commission had to assess whether the agreement adequately addressed the needs and interests of both the employees and the employer while ensuring it did not undermine the objectives of the Fair Work Act.

After careful consideration, the Commission found that the agreement provided fair and reasonable terms for the employees, taking into account the economic conditions and the interests of both parties. The Commission approved the agreement, noting that it adhered to the necessary procedural requirements and appropriately balanced the rights and obligations of the employer and employees. The agreement was deemed to meet the standards set out in the Fair Work Act, ensuring it provided for fair and reasonable terms and conditions of employment.

The Commission approved the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, making it a legally binding document. The agreement would govern the employment terms and conditions for nursing staff at Finley Regional Care for the specified period.

Finley Regional Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established