DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Imlay District Nursing Home Limited T/A Imlay House
(AG2014/9739)

IMLAY HOUSE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the Imlay House, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Imlay House, 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 Imlay District Nursing Home Limited. 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 10 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

Imlay District Nursing Home Limited, trading as Imlay House, sought approval of the NSW Nurses and Midwives' Association and Health Services Union NSW Enterprise Agreement 2014-2017. The matter was heard in the Fair Work Commission. The application was brought under section 233 of the Fair Work Act 2009, which allows the Commission to approve an agreement where it is satisfied that the agreement is in the public interest and does not undermine the operation of the national workplace relations system. The central legal issue before the Commission was whether the terms of the agreement were consistent with the objectives of the Fair Work Act and whether they met the public interest test. The Commission examined the specific provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms, to determine if they complied with the legislative framework and did not adversely impact the broader workplace relations system.

The Commission considered the evidence presented by the parties and the implications of the agreement on the nursing and midwifery workforce. It assessed whether the terms of the agreement promoted harmonious, productive, and cooperative workplace relations, and whether they adequately protected the interests of both employers and employees. The Commission also evaluated the potential effects of the agreement on the broader economy and the national workplace relations system. After careful consideration, the Commission found that the terms of the agreement were consistent with the objectives of the Fair Work Act and met the public interest test. The Commission approved the agreement, recognising its potential to improve workplace relations and ensure fair and reasonable terms and conditions for nursing and midwifery staff within the aged care sector.

The Fair Work Commission's decision to approve the enterprise agreement between Imlay District Nursing Home Limited and the NSW Nurses and Midwives' Association and Health Services Union NSW highlights the importance of balancing the interests of employers and employees within the national workplace relations system. By approving the agreement, the Commission has affirmed the role of enterprise agreements in promoting harmonious and productive workplace relations while safeguarding the interests of the workforce. This decision underscores the Commission's commitment to ensuring that enterprise agreements contribute positively to the broader economic and social objectives of the Fair Work Act.

Imlay District Nursing Home Limited T/A Imlay House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established