DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Aged and Community Care Ltd T/A Mercy Health
(AG2020/1481)

MERCY HEALTH AGED CARE (NSW) NSWNMA & HSU NSW ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT DEAN	SYDNEY, 15 JUNE 2020

Application for approval of the Mercy Health Aged Care (NSW) NSWNMA & HSU NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Health Aged Care (NSW) NSWNMA & HSU NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Aged and Community Care Ltd T/A Mercy Health. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Mercy Aged and Community Care Ltd T/A Mercy Health, the Fair Work Commission was asked to approve an enterprise agreement between Mercy Health and the Health Services Union of NSW. The agreement, which was negotiated for the employees of Mercy Health's aged care services in New South Wales, was proposed to be covered by the Nurses and Midwives (New South Wales Public Sector) Award 2010 and the Public Health (New South Wales Public Sector) Award 2010. The commission was required to determine if the agreement met the necessary criteria under the Fair Work Act 2009.

The legal issues at hand involved assessing whether the proposed agreement was a "better off overall test" (BOOT) agreement, as required by section 233 of the Fair Work Act. This assessment entailed examining whether the agreement provided employees with a better outcome overall than the applicable awards, taking into account factors such as wages, conditions, and dispute resolution mechanisms. Additionally, the commission had to consider if the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement was, in fact, a BOOT agreement. The commission concluded that the agreement provided employees with improved wages and conditions compared to the applicable awards, and that the agreement had been negotiated in good faith and in compliance with the procedural requirements of the Fair Work Act. The commission also found that the agreement contained adequate dispute resolution mechanisms to address any future issues that may arise.

In light of these findings, the Fair Work Commission approved the Mercy Health Aged Care (NSW) NSWNMA & HSU NSW Enterprise Agreement 2019. This decision ensures that the employees of Mercy Health's aged care services in New South Wales will benefit from the improved terms and conditions outlined in the agreement, while also maintaining a fair and balanced approach to industrial relations in the sector.

Mercy Aged and Community Care Ltd T/A Mercy Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established