Lee Hostel Committee Inc T/A Lee Hostel Committee Incorporated

[2018] FWCA 1709

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lee Hostel Committee Inc T/A Lee Hostel Committee Incorporated

(AG2017/6550)

Lee Hostel Committee Inc, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Health and welfare services
Commissioner Saunders	NEWCASTLE, 22 MARCH 2018

Application for approval of the Lee Hostel Committee Inc, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Lee Hostel Committee Inc, 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 Lee Hostel Committee Inc T/A Lee Hostel Committee Incorporated. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 19 February 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.

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.

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.

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

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.
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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 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

The Lee Hostel Committee Incorporated, the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union of Australia (HSU NSW) sought approval of an enterprise agreement from the Fair Work Commission. The application was opposed by the Lee Hostel Committee Incorporated. The dispute was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 (Cth) with jurisdiction to make binding decisions about employment matters.

The legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations. The Commission had to consider whether the agreement provided for a fair and efficient system for determining pay and conditions, and whether it complied with the process requirements of the Act. The Commission also had to consider whether the agreement was in the public interest, taking into account the economic and social context in which the agreement would operate.

The Fair Work Commission found that the agreement met the requirements of the Act and the Regulations. The Commission found that the agreement provided for a fair and efficient system for determining pay and conditions, and that it complied with the process requirements of the Act. The Commission also found that the agreement was in the public interest, taking into account the economic and social context in which the agreement would operate. The Commission approved the agreement.

The Fair Work Commission approved the Lee Hostel Committee Inc, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The Commission found that the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, and that it was in the public interest. The agreement provides for a fair and efficient system for determining pay and conditions, and it complies with the process requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established