Gulgong Hostel Association Inc

[2024] FWCA 1880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gulgong Hostel Association Inc

(AG2024/1181)

WENONAH LODGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 22 MAY 2024

Application for approval of the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Gulgong Hostel Association Inc (Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 26 February 2024 in accordance with s.185(3) of the Act. As it was not filed until 10 April 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gulgong Hostel Association Inc applied to the Fair Work Commission for approval of the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023. The application was made under section 230 of the Fair Work Act 2009. The parties involved in the agreement were the Gulgong Hostel Association Inc, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for the employees' minimum entitlements, whether the agreement was in good faith, and whether the agreement was certified as a single, indivisible agreement. The Commission noted that the agreement provided for employees' minimum entitlements as required by section 179 of the Fair Work Act 2009. The Commission also found that the agreement was in good faith and that it was certified as a single, indivisible agreement.

The Commission approved the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also noted that the agreement provided for the employees' minimum entitlements and was certified as a single, indivisible agreement.

The Commission approved the agreement under section 230 of the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission and will be legally binding on the parties involved. The agreement will also be available for review and variation in the future if necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established