DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hay Senior Citizens Association Inc. T/A Haydays Retirement Hostel
(AG2017/4715)

HAY SENIOR CITIZENS ASSOCIATION INC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 9 FEBRUARY 2018

Application for approval of the Hay Senior Citizens Association Inc, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hay Senior Citizens Association Inc, 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 Hay Senior Citizens Association Inc. T/A Haydays Retirement Hostel. 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 7 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 16 February 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

The Hay Senior Citizens Association Inc. T/A Haydays Retirement Hostel applied to the Fair Work Commission for the approval of their Enterprise Agreement 2017-2020. The application was contested by the Public Service Association of NSW. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements set out in the Fair Work Act, particularly whether it provided for minimum rates of pay, conditions, and entitlements that were at least equal to the relevant award or safety net. The Commission also needed to assess if the agreement included provisions for genuine bargaining and if it provided for the protection of employee rights and interests.

The Commission found that the agreement met the requirements of the Fair Work Act. It provided for minimum rates of pay, conditions, and entitlements that were at least equal to the relevant award or safety net. The Commission was satisfied that the agreement was the product of genuine bargaining and provided for the protection of employee rights and interests. Consequently, the Commission approved the Enterprise Agreement 2017-2020.

The Fair Work Commission approved the Enterprise Agreement 2017-2020 between the Hay Senior Citizens Association Inc. and the relevant unions. This decision confirms the agreement as compliant with the Fair Work Act, ensuring that it provides for fair and equitable terms for the employees involved.

Hay Senior Citizens Association Inc. T/A Haydays Retirement Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established