Huon Eldercare Inc.

[2014] FWCA 3770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Eldercare Inc.
(AG2014/5846)

HUON ELDERCARE NURSING STAFF AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2014

Application for approval of the Huon Eldercare Nursing Staff Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Huon Eldercare Nursing Staff Agreement 2014 (the Agreement). The application was made by Huon Eldercare Inc pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 11 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Huon Eldercare Inc., applied for approval of the Huon Eldercare Nursing Staff Agreement 2014. The application was made under the Fair Work Act 2009, which allows for the approval of enterprise agreements that provide for terms and conditions better off for employees overall than the applicable award. The application was opposed by the Australian Nursing and Midwifery Federation, which argued that the proposed agreement was not better off overall for the employees.

The legal issues before the court were whether the agreement was an enterprise agreement, whether it was in writing, and whether it provided for terms and conditions better off overall for the employees. The court considered whether the agreement had been genuinely negotiated and whether it contained all the required terms and conditions.

The court found that the agreement was an enterprise agreement, had been genuinely negotiated, and was in writing. The court also found that the agreement provided for terms and conditions better off overall for the employees, as it provided for a number of improvements to the employees' working conditions and entitlements. The court approved the application and the agreement was registered on the National Employment Standards Register.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established