DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresh Fields Aged Care Pty Ltd; Hamersley Nursing Home (WA) Pty Ltd; Varna Pty Ltd; Fresh Fields Hospitality Services Pty Ltd; Fresh Fields Management (WA) Pty Ltd; Fresh Fields Management (NSW) Pty Ltd; Fresh Fields Projects (WA) No. 1 Pty Ltd T/A Hall & Prior Aged Care Organisation
(AG2018/3471)

HALL & PRIOR AGED CARE ORGANISATION REGISTERED NURSES' ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JANUARY 2019

Application for approval of the Hall & Prior Aged Care Organisation Registered Nurses' Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hall & Prior Aged Care Organisation Registered Nurses’ Enterprise Agreement 2018 (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 Pty Ltd; Hamersley Nursing Home (WA) Pty Ltd; Varna Pty Ltd; Fresh Fields Hospitality Services Pty Ltd; Fresh Fields Management (WA) Pty Ltd; Fresh Fields Management (NSW) Pty Ltd; Fresh Fields Projects (WA) No. 1 Pty Ltd T/A Hall & Prior Aged Care Organisation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fresh Fields Aged Care Pty Ltd and several other associated entities applied for the approval of the Hall & Prior Aged Care Organisation Registered Nurses' Enterprise Agreement 2018. The application was made in the Fair Work Commission. The dispute centred on the application's compliance with the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing the approval of enterprise agreements.

The court had to determine whether the agreement met the necessary criteria for approval, including if it complied with the provisions concerning the protection of employees' rights and interests. The focus was on whether the agreement was genuinely a bargain between the parties, if it provided for the appropriate minimum entitlements and did not unfairly disadvantage any party, and if it was made in good faith. Additionally, the court examined if the agreement adhered to the procedural requirements for the approval of enterprise agreements.

The Fair Work Commission found that the agreement was compliant with the statutory requirements. The agreement was considered to be a genuine bargain, providing adequate minimum entitlements and not disadvantaging any party. The court also concluded that the agreement was made in good faith and that the necessary procedural requirements were met. As a result, the application for approval of the enterprise agreement was granted.

The final orders of the Commission included the approval of the Hall & Prior Aged Care Organisation Registered Nurses' Enterprise Agreement 2018, effective from the date of the decision. The approved agreement was to be registered and published in accordance with the Fair Work Act 2009. The decision marked the formal acceptance of the agreement, which would now govern the employment conditions of registered nurses within the participating entities.

Fresh Fields Aged Care Pty Ltd; Hamersley Nursing Home (WA) Pty Ltd; Varna Pty Ltd; Fresh Fields Hospitality Services Pty Ltd; Fresh Fields Management (WA) Pty Ltd; Fresh Fields Management (NSW) Pty Ltd; Fresh...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established