| [2024] FWCA 1274 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hay Senior Citizens Association Incorporated
(AG2024/497)
HAY SENIOR CITIZENS ASSOCIATION INC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 9 APRIL 2024 |
Application for approval of the Hay Senior Citizens Association Inc, NSWNMA and HSU NSW Enterprise Agreement 2023
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 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Hays Senior Citizens Association Incorporated (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
- Hay Senior Citizens Association Incorporated [2024] FWCA 1274
- Case
- [2024] FWCA 1274
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements of the Fair Work Act, specifically the BOOT test. The Commission needed to assess whether the agreement would provide a net benefit to the employees covered by it, considering the balance of advantages and disadvantages across the four BOOT criteria. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any employee or group of employees and complied with relevant industrial laws.
The Fair Work Commission determined that the proposed agreement satisfied the requirements of the BOOT test. The Commission found that the agreement provided a fair and reasonable set of terms and conditions that would benefit the employees overall, taking into account the pay, hours, flexibility, and conditions. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and did not unfairly disadvantage any employee or group of employees. Consequently, the Commission approved the Hay Senior Citizens Association Inc, NSWNMA and HSU NSW Enterprise Agreement 2023.
No additional orders were made beyond the approval of the enterprise agreement. The decision affirms the agreement's compliance with the statutory requirements and ensures that the employees of the Hay Senior Citizens Association Incorporated will be governed by the agreed terms and conditions, as set out in the approved enterprise agreement.
Orders
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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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