DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nathalia and District Hostel for the Aged Association Inc T/A Barwo Homestead
(AG2019/1060)

NATHALIA AND DISTRICT HOSTEL FOR THE AGED INC. (TRADING AS BARWO HOMESTEAD), ANMF AND HSU ENTERPRISE AGREEMENT 2017-2021

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Nathalia and District Hostel for the Aged Inc. (trading as Barwo Homestead), ANMF and HSU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nathalia and District Hostel for the Aged Inc. (trading as Barwo Homestead), ANMF and HSU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nathalia and District Hostel for the Aged Association Inc T/A Barwo Homestead. 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 Clause 54 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 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 17 May 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Nathalia and District Hostel for the Aged Association Inc, trading as Barwo Homestead, for the approval of their Enterprise Agreement 2017-2021, which was between the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application was made in the Fair Work Commission, an Australian body responsible for resolving workplace disputes and regulating employment agreements. The primary nature of the dispute was whether the proposed terms of the agreement were in compliance with the requirements of the Fair Work Act 2009, specifically focusing on whether the agreement met the criteria for being a "single interest employer agreement."

The legal issues that the Commission had to decide included whether the agreement was a "single interest employer agreement" as defined under the Fair Work Act, and if the terms of the agreement were fair and reasonable. The Commission needed to determine if the agreement was genuinely negotiated and whether it covered only a single interest employer. Additionally, the Commission had to consider if the agreement provided for minimum wages and conditions that complied with the safety net provisions of the Act.

In reaching its decision, the Commission examined the evidence and submissions provided by the parties. It found that the agreement was indeed a single interest employer agreement as it was entered into by an employer who employed only employees in one registered occupation. The Commission also noted that the agreement contained provisions that met the minimum wages and conditions set out in the safety net provisions of the Fair Work Act. After considering the evidence and submissions, the Commission approved the agreement, concluding that it was fairly and genuinely negotiated and met all legal requirements. The Commission's decision was grounded in its assessment of the fairness and reasonableness of the agreement, as well as its compliance with the statutory criteria.

Nathalia and District Hostel for the Aged Association Inc T/A Barwo Homestead

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established