DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murravale Retirement Home Ltd
(AG2017/5723)

MURRAVALE RETIREMENT HOME LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 DECEMBER 2017

Application for approval of the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murravale Retirement Home Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Fair Work Act 2009 (Cth) (the Act), correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Health Services Union of Australia, 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Murravale Retirement Home Ltd sought approval for a proposed enterprise agreement with the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The agreement, which would apply from 2017 to 2020, was contested by the union on the basis that it failed to meet the "better off overall test" and contained provisions that were not consistent with the National Employment Standards (NES).

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the "better off overall test" and did not include provisions that were less favourable than the NES. The Commission also needed to assess whether the agreement was made in good faith and covered all employees within the relevant bargaining unit.

The Commission found that the agreement did meet the "better off overall test" and contained no provisions that were less favourable than the NES. The union's objections were dismissed as the agreement provided for fair and reasonable terms and conditions. The Commission approved the agreement, finding that it was made in good faith and covered all employees within the bargaining unit. The Commission noted the importance of maintaining a balance between the rights and interests of employers and employees and recognised the efforts of the parties in reaching a fair and reasonable agreement.

The Fair Work Commission approved the Murravale Retirement Home Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The agreement was certified as meeting the requirements of the Fair Work Act 2009, including the "better off overall test" and compliance with the NES. The Commission acknowledged the efforts of both parties in reaching a fair and reasonable agreement and recognised the importance of maintaining a balance between the rights and interests of employers and employees.

Murravale Retirement Home Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established