DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kurrajong and District Hospital Society Inc T/A Kurrajong Nursing Home
(AG2017/5227)

KURRAJONG NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 MARCH 2018

Application for approval of the Kurrajong Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Kurrajong Nursing Home, 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 Kurrajong and District Hospital Society Inc T/A Kurrajong Nursing Home. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 27 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

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

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the 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 3 April 2018. 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

Kurrajong and District Hospital Society Inc, trading as Kurrajong Nursing Home, applied for approval of the Kurrajong Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The applicants sought to have the agreement approved under section 235 of the Fair Work Act 2009. The Fair Work Commission was the court involved in this matter.

The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it included appropriate mechanisms for dispute resolution. The dispute arose because the respondents to the application, NSWNMA and HSU NSW, contended that the agreement did not sufficiently protect the rights and interests of the employees.

In its decision, the Commission considered the provisions of the agreement and the arguments presented by the parties. The Commission found that the agreement contained provisions that were in the best interests of the employees, including provisions on wages, hours of work, and other conditions of employment. The Commission also noted that the agreement included adequate mechanisms for dispute resolution, which were considered fair and effective. Consequently, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act 2009.

The Commission's final orders were that the Kurrajong Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 be approved as a registered agreement under section 235 of the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

Kurrajong and District Hospital Society Inc T/A Kurrajong Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established