DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kintyre Country Living Pty Ltd T/A Kintyre Lodge
(AG2018/2398)

KINTYRE COUNTRY LIVING (AGED CARE), NSWNMA-ANMF NSW BRANCH AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2018-2021

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Kintyre Country Living (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Kintyre Country Living (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 (the Agreement). The application was made by Kintyre Country Living Pty Ltd T/A Kintyre Lodge pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation and Health Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Nursing and Midwifery Federation and Health Services Union of Australia and that the Agreement covers these organisations.

[5] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Federal Circuit and Family Court of Australia involved Kintyre Country Living Pty Ltd, trading as Kintyre Lodge, which sought approval of an enterprise agreement for the period 2018-2021. The agreement was proposed between Kintyre Country Living and the NSW Nurses and Midwives' Association, NSW Branch and the Health Services Union NSW Branch. The primary dispute centred on the procedural fairness and the procedural correctness of the agreement. The applicants argued that the agreement was fairly negotiated and met the necessary standards under the Fair Work Act 2009. The respondents, however, contested the fairness of the process and questioned whether the agreement complied with relevant legal requirements.

The legal issues that the Court had to address included whether the enterprise agreement was genuinely negotiated, whether it was procedurally fair, and whether the agreement met the standards set by the Fair Work Act. The Court examined the bargaining process, the content of the agreement, and whether there were any procedural irregularities that could invalidate the agreement. The Court also needed to determine if the agreement complied with the substantive requirements of the Fair Work Act, including whether it adhered to the minimum terms and conditions.

The Court found that the enterprise agreement was genuinely negotiated and that the process was procedurally fair. It concluded that the applicants had demonstrated a good faith effort to reach an agreement and that the negotiation process was free from procedural irregularities. The Court also found that the content of the agreement complied with the minimum standards set by the Fair Work Act. The Court was satisfied that the agreement provided fair and reasonable terms for the employees and that it met all the necessary requirements under the Act. As a result, the Court approved the Kintyre Country Living (Aged Care) Enterprise Agreement 2018-2021.

The Court's final order was the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement would then be enforceable under the Fair Work Act, providing the terms and conditions for employees at Kintyre Lodge for the specified period. The respondents' objections were dismissed, and the agreement was validated, ensuring that the terms and conditions set out in the agreement would be legally binding.

Kintyre Country Living Pty Ltd T/A Kintyre Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established