DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntingdon Nursing Home Pty Ltd
(AG2017/3611)

HUNTINGDON NURSING HOME PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Huntingdon Nursing Home Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Huntingdon Nursing Home Pty Ltd, 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 Huntingdon Nursing Home Pty Ltd.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 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

The case involved Huntingdon Nursing Home Pty Ltd, the NSW Nurses and Midwives Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch, who sought approval of their Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement ensured the parties' rights and obligations were clear and easily understood, and if it facilitated the efficient operation of the nursing home. Further, the Commission had to determine whether the agreement provided appropriate mechanisms for dispute resolution and adequately addressed employee entitlements. The Commission also examined whether the agreement contained any provisions that would undermine workplace health and safety or public interest considerations.

In making its decision, the Commission reviewed the submissions and evidence provided by the parties, including the proposed terms of the agreement and expert testimony on industry standards. The Commission found that the agreement provided clarity in defining roles and responsibilities and included appropriate dispute resolution mechanisms. The Commission concluded that the agreement did not undermine health and safety standards or public interest considerations. The Commission approved the Enterprise Agreement 2017, finding it met the legal requirements for approval. The decision was made to facilitate the efficient operation of the nursing home while protecting employee rights and interests.

Huntingdon Nursing Home Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established