DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lockhart & District Aged Care Association Inc
(AG2017/4966)

LOCKHART & DISTRICT AGED CARE ASSOCIATION INC., NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 MARCH 2018

Application for approval of the Lockhart & District Aged Care Association Inc., NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lockhart & District Aged Care Association 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 Lockhart & District Aged Care Association Inc. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 1 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.

[3] 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.

[4] 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.

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

[6] 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.

[7] 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.

[8] 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

Lockhart & District Aged Care Association Inc. was involved in a dispute with the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The matter was brought before the Fair Work Commission, where the parties sought approval for their Enterprise Agreement 2017-2020. The agreement in question covered various terms and conditions of employment for the employees of Lockhart & District Aged Care Association Inc.

The legal issues before the Commission included whether the proposed Enterprise Agreement complied with the Fair Work Act 2009, specifically in relation to minimum rates of pay, penalty rates, shift allowances, and other conditions. Additionally, the Commission had to determine if the agreement met the 'better off overall test' (BOOT) for employees, ensuring that the overall terms and conditions of employment were not worse than the relevant industrial instrument or award.

The Fair Work Commission examined the provisions of the proposed agreement and found that while some terms did not comply with the Act, these issues could be rectified through minor amendments. The Commission was satisfied that the agreement met the BOOT, and the employees would be better off overall with the new terms. Consequently, the Commission approved the Lockhart & District Aged Care Association Inc., NSWNMA and HSU NSW Enterprise Agreement 2017-2020, subject to the amendments made to ensure compliance with the Fair Work Act 2009.

The final orders of the Fair Work Commission approved the Lockhart & District Aged Care Association Inc., NSWNMA and HSU NSW Enterprise Agreement 2017-2020, with specific amendments to ensure compliance with the Fair Work Act 2009. The agreement was approved as a registered agreement, effective from the date of the decision, and would apply to the employees of Lockhart & District Aged Care Association Inc.

Lockhart & District Aged Care Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established