| [2024] FWCA 1456 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gundagai & District Hostel Accommodation Inc
(AG2024/658)
GUNDAGAI & DISTRICT HOSTEL ACCOMMODATION INC (URALBA HOSTEL), NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY,19 APRIL 2024 |
Application for approval of the Gundagai & District Hostel Accommodation Inc (Uralba Hostel), NSWNMA and HSU NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Gundagai & District Hostel Accommodation Inc (Uralba Hostel), 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 Gundagai & District Hostel Accommodation Inc (Applicant). The Agreement is a single enterprise agreement.
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
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- AGLC
- Gundagai & District Hostel Accommodation Inc [2024] FWCA 1456
- Case
- [2024] FWCA 1456
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and the employees, provided for fair terms and conditions of employment, and met the requirements for "no disadvantage" and "better off overall" tests. The Commission considered submissions from the parties and examined the terms of the agreement in light of relevant legislation and case law.
In its decision, the Commission found that the agreement met the criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, protected the rights and interests of employees, and did not disadvantage any employee in comparison to those not covered by the agreement. The Commission also found that the agreement met the "better off overall" test, as it provided for improvements in pay and conditions for some employees, while not disadvantaging others. The Commission approved the agreement, subject to certain modifications to address minor technical issues.
The Commission made orders approving the Gundagai & District Hostel Accommodation Inc (Uralba Hostel), NSWNMA and HSU NSW Enterprise Agreement 2023, subject to the modifications made by the Commission. The agreement is now registered and will apply to the employees covered by it.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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