DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Diggers Aged & Community Care Ltd T/A Illawarra Diggers
(AG2014/9779)

ILLAWARRA DIGGERS’, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 DECEMBER 2014

Application for approval of the Illawarra Diggers’, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Illawarra Diggers’, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Diggers Aged and Community Care Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Illawarra Diggers Aged & Community Care Ltd, trading as Illawarra Diggers, sought approval for an enterprise agreement with the NSW Nurses and Midwives Association and Health Services Union NSW. The dispute arose under the Fair Work Act 2009 and was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it included certain 'protected actions' that would require additional steps under the Act. The Fair Work Commission assessed whether the agreement contained provisions that would allow employees to take protected industrial action without first meeting certain thresholds. The Commission examined the content of the agreement to determine if it included any protected actions. It found that the agreement did not contain any such provisions and therefore did not need to go through the additional scrutiny required by the Act for agreements containing protected actions. The Commission approved the agreement as it met all the necessary criteria under the Fair Work Act. The decision confirmed that the agreement was properly formed and did not require further procedural steps under the Act. The Commission's approval of the agreement ensures that the terms and conditions of employment for the relevant workers are legally binding and enforceable.

Illawarra Diggers Aged & Community Care Ltd T/A Illawarra Diggers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established