DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nazareth Care
(AG2020/3461)

NAZARETH CARE (TAMWORTH) AND HSU ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2020

[1] Armest Pty Ltd, as a bargaining representative for Nazareth Care, has made an application for approval of an enterprise agreement known as the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Health Services Union of Australia (HSU) filed an F18 statutory declaration stating that it supported the approval of the Agreement subject to the Commission’s consideration of certain terms of the Agreement, which it said were less favourable to employees vis-à-vis the Aged Care Award 2010 (Award). I have had regard to these terms and am satisfied that each Award covered employee, and each prospective Award covered employee, for the Agreement would be better off overall if the Agreement applied to the employee than if the Award applied to the employee.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The HSU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Nazareth Care (Tamworth) and Health Services Union Enterprise Agreement 2020. The applicant, Nazareth Care, sought approval from the Fair Work Commission to formalise the agreement, which outlined terms and conditions of employment for staff at their Tamworth facility. The Health Services Union represented the employees in negotiating the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it had been made in good faith. The Commission also considered whether the agreement was fair and reasonable and if it complied with the provisions of the Act.

The Fair Work Commission found that the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2020 was fair and reasonable and complied with the requirements of the Fair Work Act. The Commission concluded that the agreement was made in good faith and in the public interest. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission approved the agreement, which will now be a legally binding contract between Nazareth Care and the Health Services Union.

Nazareth Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established