DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multicultural Aged Care Illawarra Ltd
(AG2014/9781)

MACIL, NSWNMA AND HSUNSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2014

Application for approval of the MACIL, NSWNMA and HSUNSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the MACIL, NSWNMA and HSUNSW 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 Multicultural Aged Care Illawarra 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 12 December 2014. 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

Multicultural Aged Care Illawarra Ltd (MACIL) sought approval for a new Enterprise Agreement between itself, the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union of Australia, New South Wales Nurses and Midwifery Branch (HSUNSW). The dispute was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed Enterprise Agreement was in the best interests of the employees, considering various statutory obligations and factors. The FWC had to determine if the agreement appropriately balanced the interests of both the employer and the employees, and if it complied with relevant provisions of the Fair Work Act 2009.

In examining the proposed agreement, the FWC considered the overall benefits to the employees, including wages, conditions, and dispute resolution mechanisms. The FWC also assessed whether the agreement met the "better off overall test" (BOOT), which required the employees to be no worse off financially and at least some better off overall. The FWC scrutinised the agreement's provisions to ensure compliance with minimum standards set by the National Employment Standards and applicable award provisions. Furthermore, the FWC evaluated the fairness of the agreement by considering its alignment with contemporary enterprise bargaining principles and practices.

The FWC concluded that the proposed Enterprise Agreement met the necessary statutory criteria. It determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and met the BOOT. The FWC approved the agreement, recognising its alignment with the statutory requirements and its potential to deliver improved outcomes for the employees. Consequently, the FWC issued an order approving the Multicultural Aged Care Illawarra Ltd, NSWNMA and HSUNSW Enterprise Agreement 2014-2017.

Multicultural Aged Care Illawarra Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established