Garden Village Port Macquarie Summary

[2014] FWCA 8190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Garden Village Port Macquarie
(AG2014/9480)

GARDEN VILLAGE PORT MACQUARIE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Garden Village Port Macquarie, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Garden Village Port Macquarie, 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 Garden Village Port Macquarie. 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 25 November 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

Garden Village Port Macquarie involved an application for the approval of an enterprise agreement between Garden Village Port Macquarie and the Health Services Union of NSW (HSU NSW). The application was made to the Fair Work Commission, and the dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The application was brought by Garden Village Port Macquarie, while the NSW Nurses and Midwives’ Association (NSWNMA) and the HSU NSW were the respondents.

The primary legal issue before the Commission was whether the enterprise agreement provided adequate protections for employees, particularly in relation to work arrangements, rostering, and shift penalties. The Commission needed to determine if the agreement contained appropriate safeguards to ensure that the employees' rights and entitlements were preserved. This included assessing the agreement's provisions on shift work, overtime, and penalties for refusing to work outside of agreed rostered hours.

In its decision, the Commission emphasised the importance of ensuring that employees were not disadvantaged by the proposed changes. The Commission found that while the enterprise agreement contained several beneficial provisions for the employees, some areas required clarification and improvement to adequately protect the employees' rights. The Commission ultimately approved the agreement, subject to specific modifications to address the identified concerns. These modifications included clearer provisions on rostering and shift penalties, ensuring that employees were not unfairly penalised for refusing to work outside their agreed hours.

The Fair Work Commission's decision highlights the importance of carefully reviewing enterprise agreements to ensure compliance with the Fair Work Act and the protection of employees' rights. The Commission's approval of the agreement, subject to modifications, demonstrates its commitment to balancing the interests of both employers and employees while upholding the principles of fair work.

Garden Village Port Macquarie

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established