Hillside Brae Pty Ltd. T/A Hillside at Figtree Summary

[2018] FWCA 7105

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hillside Brae Pty Ltd. T/A Hillside at Figtree

(AG2018/2213)

Hillside (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021

Aged care industry
Deputy President Masson	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the Hillside (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Hillside (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hillside Brae Pty Ltd. T/A Hillside at Figtree. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation 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 27 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Hillside Brae Pty Ltd. T/A Hillside at Figtree, the Fair Work Commission was called upon to consider the application for approval of the Hillside (Aged Care) Enterprise Agreement 2018-2021, which was submitted by the employer and two unions, the NSWNMA-ANMF NSW Branch and HSU NSW Branch. The dispute centred around the fairness and appropriateness of the terms and conditions outlined in the proposed agreement, with the unions arguing in support of the agreement while the employer presented their case for its approval.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness and whether the terms of the agreement were consistent with the Fair Work Act's objectives of providing for a fair and efficient workplace. Specifically, the Commission needed to determine whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, whether it provided for fair and reasonable terms and conditions of employment, and whether the agreement was certified as meeting the "better-off-overall" test.

In reaching its decision, the Fair Work Commission carefully examined the provisions of the agreement, the submissions made by the parties, and the evidence provided. The Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and provided for appropriate mechanisms for the resolution of workplace disputes. The Commission also found that the terms of the agreement were consistent with the objectives of the Fair Work Act, providing for fair and reasonable terms and conditions of employment. Furthermore, the Commission was satisfied that the agreement met the "better-off-overall" test, as it provided for a range of benefits to employees, including pay increases, improved leave provisions, and enhanced job security. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the Hillside (Aged Care) Enterprise Agreement 2018-2021 be approved and registered, and that the agreement be certified as meeting the "better-off-overall" test. The decision of the Fair Work Commission in this matter provides an important precedent for employers and unions negotiating enterprise agreements in the aged care sector, and highlights the importance of ensuring that agreements are negotiated in good faith and provide for fair and reasonable terms and conditions of employment.

Hillside Brae Pty Ltd. T/A Hillside at Figtree

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established