Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust T/A Laurieton Lakeside Aged Care Residence & Weeroona Aged Care Residence

[2017] FWCA 4534

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust T/A Laurieton Lakeside Aged Care Residence & Weeroona Aged Care Residence

(AG2017/2931)

Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017

Aged care industry
Commissioner Saunders	MELBOURNE, 31 AUGUST 2017

Application for approval of the Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust T/A Laurieton Lakeside Aged Care Residence & Weeroona Aged Care Residence. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. 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

Halenvy Pty Ltd, trading as Laurieton Lakeside Aged Care Residence and Weeroona Aged Care Residence, along with several unions, applied to the Fair Work Commission for approval of their enterprise agreement. The application was contested by a number of other entities, leading to a hearing before the Commission. The central dispute in this matter involved the validity and enforceability of the proposed enterprise agreement, which was intended to govern employment conditions for workers within the aged care facilities managed by Halenvy Pty Ltd.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it met the criteria for being a single, indivisible agreement, and if it contained all the necessary provisions mandated by law. Additionally, the Commission examined whether the agreement provided adequate protections and benefits to the employees, and if the bargaining process leading to the agreement was conducted fairly and in compliance with the law.

After a thorough examination of the evidence and submissions presented, the Fair Work Commission found that the enterprise agreement was indeed made in good faith and satisfied the statutory requirements under the Fair Work Act. The Commission determined that the agreement was a single, indivisible document and that it included all necessary provisions. Furthermore, the Commission was satisfied that the agreement provided fair and reasonable terms for the employees and that the bargaining process was conducted properly. Consequently, the Commission approved the enterprise agreement, deeming it to be lawful and enforceable.

The Fair Work Commission approved the Halenvy Pty Ltd atf Laurieton Lakeside Unit Trust, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The agreement is now legally binding for the parties involved, and it will govern the employment conditions of the workers within the aged care facilities managed by Halenvy Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established