DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Health and Aged Care Incorporated T/A Mercy Health
(AG2015/7068)

(NSW) MERCY HEALTH AGED CARE NSWNMA & HSU ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the (NSW) Mercy Health Aged Care NSWNMA & HSU Enterprise Agreement 2015.

[1] On 17 December 2015 Mercy Health and Aged Care Incorporated T/A Mercy Health (Applicant) made an application for approval of the (NSW) Mercy Health Aged Care NSWNMA & HSU Enterprise Agreement 2015 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mercy Health and Aged Care Incorporated T/A Mercy Health sought approval for the (NSW) Mercy Health Aged Care NSWNMA & HSU Enterprise Agreement 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of Mercy Health, a provider of aged care services in New South Wales. The Health Services Union (HSU) represented the employees, and the Commission had to decide whether the proposed agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it included the necessary minimum entitlements, and whether it was in compliance with the Fair Work Act. The Commission also had to consider the views of both parties and any relevant public interest factors. The applicant argued that the agreement was fair and reasonable, while the HSU contended that the agreement did not adequately protect employees' rights and interests.

The Commission found that the proposed agreement was fair and reasonable, providing for appropriate terms and conditions of employment. It included minimum entitlements as required by the Fair Work Act and addressed the concerns raised by the HSU. The Commission concluded that the agreement was in the best interests of the employees and was in compliance with the statutory requirements. The Commission approved the agreement, highlighting the importance of fair and reasonable terms and conditions of employment for both employers and employees.

The Fair Work Commission approved the (NSW) Mercy Health Aged Care NSWNMA & HSU Enterprise Agreement 2015, effective from the date of the decision. The approval signified the Commission's belief that the agreement provided fair and reasonable terms and conditions of employment, met the necessary statutory requirements, and was in the best interests of the employees.

Mercy Health and Aged Care Incorporated 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