DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nagambie Healthcare Incorporated
(AG2018/5321)

NAGAMBIE HEALTH CARE INC. HEALTH AND ALLIED ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2019

Application for approval of the Nagambie Health Care Inc. Health and Allied Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nagambie Health Care Inc. Health and Allied Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nagambie Healthcare Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] I note that Clauses 24 and 26 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nagambie Healthcare Incorporated applied to the Fair Work Commission for the approval of the Nagambie Health Care Inc. Health and Allied Enterprise Agreement 2018. The applicant, an employer in the healthcare sector, sought to have the agreement, which included provisions for wages, hours of work, and other conditions of employment for its employees, formally approved. The Fair Work Commission, as the body responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009, was the tribunal before which the application was made.

The legal issues before the Commission involved determining whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it contained only matters that were "directly related" to the employees' terms and conditions of employment, and whether it met the "better off overall test". Additionally, the Commission needed to consider whether the agreement had been properly negotiated and whether it provided for the proper protection of employees' rights and interests.

In reaching its decision, the Commission considered the evidence and submissions provided by both the applicant and the relevant unions representing the employees. It found that the agreement had been made in good faith, contained matters that were directly related to the employees' terms and conditions of employment, and met the better off overall test. The Commission also determined that the agreement had been properly negotiated and provided for the proper protection of employees' rights and interests. Accordingly, the Commission approved the Nagambie Health Care Inc. Health and Allied Enterprise Agreement 2018.

The Fair Work Commission's decision to approve the agreement was based on the evidence and submissions presented by both parties. The Commission found that the agreement met all the necessary requirements under the Fair Work Act and was in the best interests of both the employer and the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees are regulated by a legally binding document, providing certainty and protection for both parties.

Nagambie Healthcare Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established