DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lithgow Aged Care Limited
(AG2017/5576)

LITHGOW AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Lithgow Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lithgow Aged Care Ltd, 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 Lithgow Aged Care Limited. 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] The Health Services Union of Australia, the NSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation being the 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.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 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

Lithgow Aged Care Limited, along with the New South Wales Nurses and Midwives' Association and the Health Services Union New South Wales, applied for the approval of their Enterprise Agreement 2017-2020. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This involved examining the agreement's provisions, particularly those relating to minimum entitlements, to ensure they met or exceeded the National Employment Standards and other applicable awards and agreements.

The court undertook a detailed analysis of the agreement, considering submissions from both the applicants and intervenors. It assessed whether the agreement provided for terms and conditions that were no less favourable than the applicable awards and whether it contained any unfair provisions that would undermine the purpose of the Fair Work Act. The court also examined the process by which the agreement was negotiated and whether it involved genuine bargaining.

The Fair Work Commission found that the agreement largely complied with the legislative requirements. It determined that the agreement provided for terms and conditions that were at least as favourable as the relevant awards and included no unfair provisions. The court approved the agreement, noting that it was the product of genuine bargaining between the parties. The decision was based on the detailed analysis of the agreement's provisions and the evidence presented regarding the negotiation process.

Lithgow Aged Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established