DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Garden View Aged Care Pty Ltd T/A Garden View Aged Care
(AG2017/3204)

GARDEN VIEW AGED CARE PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the Garden View Aged Care 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 Garden View Aged Care 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 Garden View Aged Care Pty Ltd T/A Garden View Aged Care.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 13 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

In the matter of Garden View Aged Care Pty Ltd, trading as Garden View Aged Care, an application for the approval of the Garden View Aged Care Pty Ltd, NSW Nurses and Midwives' Association, Australian Nursing and Midwifery Federation New South Wales Branch and Health Services Union New South Wales Branch Enterprise Agreement 2017 was heard in the Fair Work Commission. The applicant Garden View Aged Care sought approval for the proposed enterprise agreement, which outlines terms and conditions of employment for its employees. The primary dispute in this case revolved around the fairness and compliance of the proposed agreement with the relevant legislative framework.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This involved scrutiny of the agreement's compliance with provisions regarding procedural fairness, good faith bargaining, and the substantive fairness of the terms and conditions proposed. The Commission also needed to determine whether the agreement was in the best interest of the employees and whether any provisions within it could be considered void or unenforceable.

After reviewing the evidence and submissions presented by both the applicant and the respondents, the Commission concluded that the proposed enterprise agreement was procedurally fair and had been negotiated in good faith. The Commission found that the agreement contained terms and conditions that were not worse off than the applicable awards or the general industrial awards, and it considered the agreement to be in the best interests of the employees. The Commission also found that all provisions within the agreement were valid and enforceable. Consequently, the Fair Work Commission approved the proposed enterprise agreement.

In light of the findings, the Fair Work Commission granted approval for the Garden View Aged Care Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017, which will now serve as the terms and conditions of employment for the employees of Garden View Aged Care.

Garden View Aged Care Pty Ltd T/A Garden View Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established