DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingswood Court Aged Care Facility Pty Ltd
(AG2017/2847)

KINGSWOOD COURT AGED CARE FACILITY PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Kingswood Court Aged Care Facility Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Kingswood Court Aged Care Facility Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingswood Court Aged Care Facility Pty Ltd.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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 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 applicant, Kingswood Court Aged Care Facility Pty Ltd, sought approval for the Enterprise Agreement 2017 with the NSW Nurses and Midwives' Association, ANMF NSW Branch, and the Health Services Union New South Wales Branch. The dispute was heard by the Fair Work Commission, which had the task of assessing whether the agreement met the requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement was in the public interest and whether it complied with the statutory provisions regarding bargaining, good faith, and other related matters. The Commission needed to determine if the agreement met the standards of procedural fairness, good faith bargaining, and whether it was appropriate to approve the agreement despite some objections from the parties involved.

The Fair Work Commission carefully examined the agreement to ensure it adhered to the legislative framework. It considered whether the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees. The Commission also reviewed whether the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission noted the submissions from both the applicant and the objectors, assessing whether the agreement was in the best interests of the employees and the facility. After considering the evidence and submissions, the Commission concluded that the agreement met the necessary criteria for approval, ensuring that it was fair, reasonable, and in the public interest.

The Fair Work Commission approved the Enterprise Agreement 2017, finding it to be fair and reasonable and in the public interest. The decision was based on a thorough examination of the agreement, its compliance with the statutory requirements, and the overall benefits it provided to the employees and the facility. The Commission's approval signified that the agreement was a product of good faith bargaining and was likely to promote harmonious workplace relations.

Kingswood Court Aged Care Facility Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established