DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Maroba
(AG2015/1726)

MAROBA, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 FEBRUARY 2015

Application for approval of the MAROBA, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the MAROBA, 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 Maroba. 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 25 February 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

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Maroba Pty Ltd, the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW) for the period 2014 to 2017. The application was brought under the Fair Work Act 2009, seeking to have the proposed agreement recognised as a registered enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act and whether it had been genuinely agreed upon by the parties. This involved an examination of whether the agreement complied with the procedural requirements for bargaining, including whether the union had genuinely represented the employees, and whether the agreement contained the necessary substantive provisions as outlined in the Act.

The Commission found that the agreement had been genuinely agreed upon by the parties and that the procedural requirements for bargaining had been met. The union had provided evidence of its representation of the employees, and the negotiation process had been conducted in good faith. The substantive provisions of the agreement were also found to be in line with the requirements of the Act, including provisions related to wages, conditions of employment, and dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, recognising it as a registered agreement under the Fair Work Act. The approval was made subject to specific conditions to ensure ongoing compliance with the Act.

Maroba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established