DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lockhart & District Aged Care Association Inc. T/A Woodhaven Hostel
(AG2014/10687)

WOODHAVEN HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 DECEMBER 2014

Application for approval of the Woodhaven Hostel, NSWNMA & HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Woodhaven Hostel, 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 Lockhart & District Aged Care Association 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 22 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

The Lockhart & District Aged Care Association Inc. applied to the Fair Work Commission for approval of the Woodhaven Hostel NSWNMA & HSU NSW Enterprise Agreement 2014-2017. The Association argued the agreement was in the interests of procedural fairness, and that it provided appropriate conditions for workers. The Hospital and Health Services Union of NSW opposed the application, citing various concerns about the agreement's provisions. The dispute was heard in the Fair Work Commission.

The legal issues before the court involved whether the enterprise agreement was in the interests of procedural fairness and whether it provided appropriate conditions for workers. The court had to consider the provisions of the agreement, the arguments presented by both parties, and the relevant legislative framework governing enterprise agreements. The court also needed to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court found that the enterprise agreement was in the interests of procedural fairness and provided appropriate conditions for workers. The agreement included provisions that addressed the concerns raised by the union, and the court was satisfied that the agreement was fair and reasonable. The court also noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The court approved the enterprise agreement, finding that it met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Woodhaven Hostel NSWNMA & HSU NSW Enterprise Agreement 2014-2017, finding that it was in the interests of procedural fairness and provided appropriate conditions for workers. The court considered the arguments of both parties and the relevant legislative framework, and was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009. The agreement was approved, and the parties were bound by its terms.

Lockhart & District Aged Care Association Inc. T/A Woodhaven Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established