DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresh Fields Aged Care (NSW) No 1 Pty Ltd T/A Hall & Prior Health and Aged Care Group
(AG2017/3026)

FRESH FIELDS AGED CARE (NSW) NO. 1 PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 31 AUGUST 2017

Application for approval of the Fresh Fields Aged Care (NSW) No. 1 Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fresh Fields Aged Care (NSW) No. 1 Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fresh Fields Aged Care (NSW) No 1 Pty Ltd T/A Hall & Prior Health and Aged Care Group.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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 7 September 2017. 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 matter involved an application for the approval of an enterprise agreement between Fresh Fields Aged Care (NSW) No 1 Pty Ltd, the New South Wales Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The application was heard by the Fair Work Commission. The core dispute was about whether the enterprise agreement in question complied with the relevant statutory provisions and whether it should be approved.

The legal issues centred on whether the agreement was made in good faith, and whether it included all necessary provisions, including those relating to minimum entitlements. The court had to examine the specifics of the agreement against the backdrop of the Fair Work Act 2009 and other relevant industrial instruments. The primary concern was whether the agreement met the criteria for approval under the Fair Work Act.

In determining the matter, the Fair Work Commission carefully analysed the provisions of the agreement, ensuring that it adhered to the statutory requirements. The court found that the agreement was made in good faith and included all necessary provisions for employee entitlements. The Commission took into account the negotiations process and the nature of the agreement's provisions, confirming that it complied with the Fair Work Act. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission were that the Fresh Fields Aged Care (NSW) No. 1 Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 be approved. The approval came into effect from the date specified within the agreement and will govern the employment conditions of the employees covered by the agreement.

Fresh Fields Aged Care (NSW) No 1 Pty Ltd T/A Hall & Prior Health and Aged Care Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established