DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finley Regional Care Ltd T/A Finley Regional Care
(AG2017/4661)

FINLEY REGIONAL CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Finley Regional Care, NSWNMA 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 Finley Regional Care Ltd T/A Finley Regional Care. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 8 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. 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 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 21 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

Finley Regional Care Ltd, trading as Finley Regional Care, applied to the Fair Work Commission for the approval of the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The dispute arose as a result of negotiations between the applicant and the unions, the NSW Nurses and Midwives Association and the Health Services Union of NSW, regarding the terms and conditions of employment for the applicant's employees. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval and whether it met the good faith bargaining and enterprise agreement criteria. Specifically, the Commission needed to assess whether the applicant had genuinely attempted to negotiate in good faith and whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or the safety net provided by the National Employment Standards.

In reaching its decision, the Commission considered the evidence presented by both the applicant and the unions. It examined the bargaining process and the terms of the proposed agreement. The Commission found that the applicant had engaged in genuine negotiations in good faith and that the proposed agreement provided for terms and conditions that were not less favourable than the applicable awards or the National Employment Standards. The Commission approved the agreement, noting that it contained provisions that were in the best interests of the employees, including provisions for wages, leave, and dispute resolution.

The Commission's final order was the approval of the Finley Regional Care, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, effective from the date of the decision. This decision provided certainty for the employees and the employer, ensuring that the agreement would govern their employment relationship for the specified period.

Finley Regional Care Ltd T/A Finley Regional Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established