DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McLean Care Ltd
(AG2015/7865)

MCLEAN CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the McLean Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017.

[1] On 22 December 2015 McLean Care Ltd (Applicant) made an application for approval of the McLean Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McLean Care Ltd sought the court's approval for the McLean Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017. The dispute arose between McLean Care Ltd and the Health Services Union of Australia (HSU) in relation to the proposed enterprise agreement. The matter was heard in the Fair Work Commission.

The court was tasked with determining whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. This included assessing the fairness and reasonableness of the terms of the agreement, ensuring it did not undermine the safety and health provisions, and considering any potential impact on the employees' rights and entitlements.

The court found that the proposed enterprise agreement was fair and reasonable, and it did not undermine the safety and health provisions. The terms of the agreement were balanced, providing benefits to both the employer and the employees. The court also concluded that the agreement was in the best interests of the employees as it provided them with improved conditions and protections. Consequently, the court approved the enterprise agreement.

As a result of the court's approval, the McLean Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017 is now in effect, governing the employment conditions of the employees within McLean Care Ltd for the specified period.

McLean Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established