DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kanandah Retirement Limited
(AG2017/5505)

THE KANANDAH RETIREMENT LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Kanandah Retirement Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Kanandah Retirement Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kanandah Retirement Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Health Services Union of Australia, NSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation being the 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the application for approval of the Kanandah Retirement Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 were Kanandah Retirement Limited, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute arose from the need to approve a proposed enterprise agreement between the employer and the unions representing the employees. The Fair Work Commission (FWC) was the court that heard the case.

The legal issues that the FWC was required to decide included whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The FWC had to consider if the agreement provided fair and reasonable terms for the employees, including their wages, conditions, and other employment-related matters. The FWC also needed to ensure that the agreement did not discriminate against any employee or group of employees and that it complied with any relevant industrial laws.

The FWC considered the evidence and arguments presented by the parties and found that the proposed agreement met the requirements of the Fair Work Act 2009. The FWC determined that the agreement provided fair and reasonable terms for the employees and that it was in their best interests. The FWC also found that the agreement did not discriminate against any employee or group of employees and that it complied with all relevant industrial laws. The FWC approved the Kanandah Retirement Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020, and it came into effect on 1 July 2017.

The FWC's decision to approve the agreement was based on its finding that the proposed agreement provided fair and reasonable terms for the employees and that it was in their best interests. The FWC considered the evidence and arguments presented by the parties and found that the agreement met the requirements of the Fair Work Act 2009. The FWC also found that the agreement did not discriminate against any employee or group of employees and that it complied with all relevant industrial laws. The FWC approved the agreement, and it came into effect on 1 July 2017.

Kanandah Retirement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established