DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Aged Care Albury
(AG2017/4838)

THE LUTHERAN AGED CARE ALBURY, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2018

Application for approval of The Lutheran Aged Care Albury, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Lutheran Aged Care Albury, 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 Lutheran Aged Care Albury. 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 15 March 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 22 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

The Lutheran Aged Care Albury (Applicant) sought approval for an enterprise agreement from the Fair Work Commission (Commission). The application involved the 2017-2020 Enterprise Agreement between the Applicant and the NSW Nurses and Midwives' Association and Health Services Union NSW (Respondents). The central issue was whether the Agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The Commission examined the Agreement to determine if it was a "small business agreement" under the Act. The definition of a small business was considered, along with the nature of the Applicant's operations. The Commission also assessed whether the Agreement was "in the best interests of the employees" by considering various factors, including the fairness of the terms and conditions, the balance of rights and obligations, and the overall impact on the employees.

The Commission found that the Applicant was a small business, as its operations and workforce size met the statutory criteria. Regarding the Agreement's terms, the Commission considered the evidence and submissions from both parties and determined that the Agreement was in the best interests of the employees. The terms provided a fair balance between the parties' rights and obligations and offered benefits to the employees, such as improved working conditions and remuneration.

The Commission approved the Enterprise Agreement, allowing it to take effect from the specified date. The Applicant was authorised to implement the terms of the Agreement, subject to any necessary modifications or clarifications as required by the Commission.

Lutheran Aged Care Albury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established