DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linburn Nursing Home Pty Ltd T/A Linburn Nursing Home
(AG2017/2902)

LINBURN NURSING HOME, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 8 SEPTEMBER 2017

Application for approval of the Linburn Nursing Home, 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 the Linburn Nursing Home, 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 Linburn Nursing Home Pty Ltd T/A Linburn Nursing Home.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 15 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 case before the court involved Linburn Nursing Home Pty Ltd, trading as Linburn Nursing Home, along with the NSW Nurses and Midwives' Association, ANMF NSW Branch, and HSU New South Wales Branch. The primary dispute centred on the application for approval of the Linburn Nursing Home Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, an Australian body responsible for resolving workplace disputes and ensuring compliance with employment laws.

The legal issues before the court revolved around whether the proposed enterprise agreement was fair and reasonable in all its terms. The applicants argued that the agreement met the necessary criteria under the Fair Work Act 2009, including being free from coercion and undue influence, and providing for efficient, productive, and flexible workplace relations. The respondents raised concerns about certain terms and conditions, particularly those relating to employee entitlements and dispute resolution mechanisms.

The Commission conducted a thorough examination of the agreement, considering various submissions and evidence presented by both parties. It determined that the agreement was free from any elements of coercion or undue influence, and that it facilitated efficient, productive, and flexible workplace relations. The Commission found that the agreement was fair and reasonable in all its terms, taking into account the interests of both employees and employers. Consequently, the Commission approved the Linburn Nursing Home Enterprise Agreement 2017.

As a result of the Commission's decision, the Linburn Nursing Home Enterprise Agreement 2017 was approved and came into effect, governing the employment terms and conditions of the employees at the Linburn Nursing Home.

Linburn Nursing Home Pty Ltd T/A Linburn 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