Inasmuch Community Limited

[2024] FWCA 1457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inasmuch Community Limited

(AG2024/662)

INASMUCH COMMUNITY LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Inasmuch Community Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Inasmuch Community Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Inasmuch Community Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inasmuch Community Limited applied to the Fair Work Commission for the approval of their 2023 Enterprise Agreement. The dispute involved the terms of the proposed agreement between Inasmuch Community Limited, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union of New South Wales (HSU NSW). The Fair Work Commission was required to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and if the agreement complied with the provisions of the Fair Work Act, including the 'better off overall test'. The Commission also needed to assess whether the agreement met the procedural requirements, including the appropriate consultation process and the provision of necessary documents.

The Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement complied with the 'better off overall test', as the majority of employees would be no worse off and some would be better off financially. Furthermore, the Commission determined that the consultation process was appropriate and that all necessary documents were provided. Therefore, the application for approval was successful.

The Fair Work Commission approved the Inasmuch Community Limited, NSWNMA and HSU NSW Enterprise Agreement 2023. The approved agreement will now govern the employment conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established