Lee Hostel Committee Inc

[2014] FWCA 8279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lee Hostel Committee Inc
(AG2014/9518)

LEE HOSTEL COMMITTEE INC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Lee Hostel Committee Inc, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lee Hostel Committee Inc, 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 Lee Hostel Committee Inc. 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 27 November 2014. 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

In the matter of the Lee Hostel Committee Inc, the NSWNMA and the HSU NSW, the Federal Circuit Court was asked to consider the approval of the Enterprise Agreement 2014-2017. The application was brought by the Lee Hostel Committee Inc, the employer, seeking formal approval of the agreement which had been negotiated between the employer and the HSU NSW, the union representing the employees. The NSWNMA intervened in the proceedings to support the application. The core issue before the court was whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be formally approved. Specifically, the court had to determine if the agreement had been made in good faith, if it contained the appropriate minimum terms and conditions, and if it was made without inappropriate coercion or pressure.

The court began by examining the process through which the agreement was formed. It was established that the negotiation process was conducted in good faith, with both parties engaging in meaningful discussions and reaching a consensus on the terms. The court also reviewed the content of the agreement to ensure it included all the mandated minimum terms and conditions set out in the Fair Work Act. Additionally, the court considered whether there had been any undue influence or coercion that might have affected the employees' ability to negotiate freely. After a thorough review, the court was satisfied that the agreement met all the legislative requirements for approval.

As a result of this finding, the court approved the Enterprise Agreement 2014-2017, thereby formalising the terms and conditions agreed upon between the Lee Hostel Committee Inc and the HSU NSW. The decision was made in the interest of maintaining industrial peace and ensuring that the rights of both employers and employees were protected under the law. The final orders of the court mandated that the agreement be registered with the Fair Work Commission and would come into effect from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established