DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Majestic Health Aged Care Pty Ltd
(AG2015/5760)

MAJESTIC HEALTH AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 23 OCTOBER 2015

Application for approval of the Majestic Health Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Majestic Health Aged Care, NSWNMA and 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 Majestic Health Aged Care Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Nurses and Midwifes’ Association, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Branch of 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) of the Act, I note that the Agreement covers these organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Majestic Health Aged Care Pty Ltd sought approval for a proposed enterprise agreement from the Fair Work Commission. The dispute arose between Majestic Health Aged Care Pty Ltd, the NSW Nurses and Midwives' Association, and the Health Services Union of NSW. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for appropriate processes for the resolution of future workplace disputes. The agreement also needed to meet the 'better off overall' test, ensuring that employees would not be worse off financially.

The Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith and contained appropriate dispute resolution processes. The Commission also determined that the agreement met the 'better off overall' test, as the employees would benefit from the proposed conditions, including pay rates and other employment terms. Consequently, the Commission approved the enterprise agreement, finding that it met all necessary statutory requirements.

The Fair Work Commission approved the Majestic Health Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, finding that it was made in good faith, contained appropriate dispute resolution processes, and met the 'better off overall' test. The approval signifies that the agreement provides for fair terms and conditions of employment for the employees covered by the agreement.

Majestic Health Aged Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established