DECISION

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

Inasmuch Community Incorporated
(AG2014/9711)

INASMUCH COMMUNITY INCORPORATED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the Inasmuch Community Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inasmuch Community Incorporated, 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 Inasmuch Community Incorporated. 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

In the Fair Work Commission, Inasmuch Community Incorporated applied for approval of their enterprise agreement with the NSW Nurses and Midwives' Association and Health Services Union, covering the period from 2014 to 2017. The application was made in response to the need for a fair and effective agreement that would govern the terms and conditions of employment for the workers within this period. The parties involved were Inasmuch Community Incorporated, the NSW Nurses and Midwives' Association, and the Health Services Union NSW.

The primary legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties. The court needed to ensure that the agreement was not detrimental to the employees and that it provided for a fair balance between the rights and obligations of the employer and the employees.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court considered various aspects of the agreement, including its provisions on wages, hours of work, leave, and other employment conditions. The court noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The commission was satisfied that the agreement was not detrimental to the employees and that it provided for a fair balance between the rights and obligations of the employer and the employees. Therefore, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Inasmuch Community Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, recognising its compliance with the Fair Work Act 2009 and its fair and reasonable terms and conditions. This decision ensures that the agreement will govern the employment relationship between the parties for the specified period, providing a framework for fair and effective workplace practices.

Inasmuch Community Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established