DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Garden Village Port Macquarie T/A The Garden Village Port Macquarie
(AG2017/4799)

GARDEN VILLAGE PORT MACQUARIE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 18 JANUARY 2018

Application for approval of the Garden Village Port Macquarie, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[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 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 Garden Village Port Macquarie T/A The Garden Village Port Macquarie. 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 6 December 2017, 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 25 January 2018. 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 the Garden Village Port Macquarie, a private company operating in Port Macquarie, New South Wales, an application was made for the approval of the Garden Village Port Macquarie, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The applicant, Garden Village Port Macquarie, sought approval for this enterprise agreement, which governs the terms and conditions of employment for its workers. The dispute primarily revolves around whether the proposed enterprise agreement complies with the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, dispute resolution, and procedural fairness.

The court was tasked with examining several legal issues, including whether the agreement met the criteria for approval under the Fair Work Act, whether it provided for minimum entitlements as required by law, and if the agreement was made in good faith and involved genuine bargaining. The court also needed to determine if the application process followed the appropriate procedures and if there were any procedural errors that might affect the validity of the approval.

The court, after reviewing the application and considering the relevant legal standards, found that the proposed enterprise agreement was compliant with the Fair Work Act. The agreement was deemed to provide for the minimum entitlements required by law and was considered to have been made in good faith. The court also confirmed that the application process was properly followed, and there were no procedural errors that could invalidate the approval. Therefore, the court approved the Garden Village Port Macquarie, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, allowing it to take effect as intended by the parties.

Garden Village Port Macquarie T/A The Garden Village Port Macquarie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established