DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lithgow Aged Care Limited
(AG2014/9895)

LITHGOW AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

Application for approval of the Lithgow Aged Care Ltd, NSWNMA & HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lithgow Aged Care Ltd, NSWNMA & 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 Lithgow Aged Care Ltd. 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 15 December 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

Lithgow Aged Care Limited, along with the NSW Nurses and Midwives Association and the Health Services Union of NSW, sought approval of their 2014-2017 enterprise agreement, which was disputed by certain employee representatives. The application was heard in the Fair Work Commission, the court tasked with resolving disputes under the Fair Work Act 2009.

The central legal issues that the Commission needed to address involved whether the proposed agreement complied with the procedural and substantive requirements set out by the Fair Work Act. Procedurally, the Commission needed to confirm that the agreement was properly negotiated and that appropriate steps were taken to inform and consult the relevant employees. Substantively, the Commission had to assess whether the terms of the agreement were fair and reasonable, considering various factors including the economic circumstances, the needs of vulnerable employees, and any other relevant considerations.

The Commission examined the evidence presented by both sides and found that the agreement was negotiated in good faith and that adequate consultation processes were followed. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account all relevant factors. The proposed agreement met the statutory requirements and did not contain any terms that were contrary to public policy or detrimental to the broader community.

Consequently, the Fair Work Commission approved the Lithgow Aged Care Limited, NSWNMA & HSU NSW Enterprise Agreement 2014 - 2017. The decision was made on the basis that the agreement satisfied all necessary legal criteria and was in the best interest of the parties involved and the broader community.

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