DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marco Polo Aged Care Services Limited
(AG2015/6443)

MARCO POLO AGED CARE SERVICES LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2015 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 6 NOVEMBER 2015

Application for approval of the Marco Polo Aged Care Services Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Marco Polo Aged Care Services Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marco Polo Aged Care Services 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 13 November 2015. 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

Marco Polo Aged Care Services Limited sought approval for its 2015-2017 enterprise agreement with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The dispute was heard by the Fair Work Commission, which is the tribunal responsible for approving enterprise agreements under the Fair Work Act 2009. The primary legal issues revolved around whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval.

The Commission examined the terms of the agreement to ensure they were fair and reasonable, taking into account the nature of the work, the economic circumstances, and the bargaining power of the parties. It also considered whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements, including the provision of necessary information to employees and the availability of independent advice. The Commission found that the agreement met the statutory criteria for approval, as it contained terms that were fair and reasonable and had been negotiated in good faith. It also concluded that the procedural requirements had been met, as the necessary information had been provided to employees, and independent advice had been made available to them.

As a result, the Fair Work Commission approved the Marco Polo Aged Care Services Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015-2017. The agreement, which sets out the terms and conditions of employment for employees of Marco Polo Aged Care Services, is now legally binding on the parties. The final orders of the Commission included the approval of the enterprise agreement and the registration of the agreement on the Register of Approved Agreements.

Marco Polo Aged Care Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established