DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Lakes Aged and Invalid Care Association Pty Ltd T/A GLAICA House
(AG2017/4846)

GLAICA HOUSE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the GLAICA House, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the GLAICA House, 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 Great Lakes Aged and Invalid Care Association T/A Glaica House. 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 15 February 2018, 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 6 March 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 Great Lakes Aged and Invalid Care Association Pty Ltd, trading as GLAICA House, an application was brought before the Fair Work Commission to approve the Enterprise Agreement between the employer, the National Union of Workers NSW Members Association, and the Health Services Union NSW. The agreement in question pertains to the period from 2017 to 2020. The crux of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether it met the necessary requirements under the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission had to address were whether the proposed agreement was a "good faith" bargain, as mandated by the Fair Work Act, and if it contained all the mandatory terms stipulated by the Act. Furthermore, the Commission needed to ensure that the agreement did not adversely affect employees' rights and protections, and that it was free from any illegal content. The Commission also had to consider whether the agreement adequately covered the employees' remuneration, conditions of employment, and dispute resolution mechanisms.

Upon examining the application, the Fair Work Commission found that the proposed agreement was indeed a product of good faith negotiations and contained all the mandatory terms required by the Act. The Commission determined that the agreement did not undermine any employees' rights and protections and was free from any illegal content. The remuneration, conditions of employment, and dispute resolution mechanisms were deemed to be fair and equitable. As a result, the Fair Work Commission approved the GLAICA House, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

Great Lakes Aged and Invalid Care Association Pty Ltd T/A GLAICA House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established