DECISION

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

Juliana Village Association
(AG2015/2363)

THE JULIANA VILLAGE ASSOCIATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 -2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 APRIL 2015

Application for approval of the Juliana Village Association, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known the Juliana Village Association, 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 Juliana Village Association. 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 29 April 2015. 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

The Juliana Village Association sought approval of the Juliana Village Association, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, which was the subject of a dispute with the NSWNMA. The application was made in the Fair Work Commission, which was required to decide whether the application should be approved.

The central legal issue before the Commission was whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was appropriately certified and if it complied with the provisions of the Act, including the "better off overall test" which requires that employees be no worse off financially and, in some cases, better off overall than under the relevant award.

The Commission found that the enterprise agreement was appropriately certified and met the requirements under the Fair Work Act. It was determined that the agreement satisfied the better off overall test, as the employees were not worse off financially and, in some cases, were better off overall. The Commission also noted that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer.

As a result, the Commission approved the Juliana Village Association, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, and the application was successful. The agreement was to be in effect from the date of the Commission's approval and would govern the employment conditions of the employees until its expiry.

Juliana Village Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established