Murravale Retirement Home Ltd

[2024] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murravale Retirement Home Ltd

(AG2024/515)

MURRAVALE RETIREMENT HOME LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 10 APRIL 2024

Application for approval of the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Murravale Retirement Home Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
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CaseChat Overview and Summary

In the matter of the Fair Work Commission, Murravale Retirement Home Ltd applied for approval of the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute involved the terms of the proposed enterprise agreement, which was negotiated between the employer and the union. The union represented the employees of the retirement home, and the employer sought to finalise the agreement terms to govern employment conditions.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it met the “better off overall test” and whether it contained appropriate provisions for the health and safety of employees. The Commission also needed to determine if the agreement adequately addressed the needs of vulnerable employees, such as those with disabilities, and whether it provided for fair and reasonable terms in line with the principles of the Act.

The Commission carefully examined the proposed agreement, considering the submissions from both parties. It found that the agreement met the better off overall test, as it provided for increased wages, improved working conditions, and additional benefits that outweighed any detriments. The agreement also contained comprehensive provisions for employee health and safety, and specific measures to support vulnerable employees. The Commission was satisfied that the agreement adhered to the principles of the Act and provided for fair and reasonable terms for all parties. Consequently, the Commission approved the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established