DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nazareth Care
(AG2015/2873)

NAZARETH CARE, ANMF AND HWU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 JUNE 2015

Application for approval of the Nazareth Care, ANMF and HWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care, ANMF and HWU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nazareth Care. The Agreement is a single-enterprise agreement.

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

[3] I note that the employer inadvertently answered question 2.11 incorrectly in the F17 Employers Declaration. It is evident from the terms of the Agreement itself that it does exclude the National Employment Standards.

[4] 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 each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2015. The nominal expiry date of the Agreement is 31 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nazareth Care, an entity providing aged care services, sought approval for a proposed enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF) and Health Workers' Union (HWU). The matter was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement, which included provisions related to wages, conditions of employment, and dispute resolution mechanisms, complied with the relevant legislative framework and represented a fair and reasonable agreement for the employees covered by it.

The court needed to determine if the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it adhered to the provisions concerning "better off overall" and "no disbenefit" tests. These tests ensure that the agreement provides a fair outcome for employees and does not impose an unfair burden on employers. The court also had to consider the fairness and reasonableness of the proposed terms in light of the broader economic and industrial context.

The Fair Work Commission found that the proposed agreement was compliant with the legislative requirements. It was deemed to be better off overall for the employees, as the benefits provided by the agreement outweighed any potential detriments. The commission noted that the agreement contained provisions that adequately addressed the needs and concerns of both the employees and the employer. The agreement was found to be fair and reasonable, taking into account the context of the industry and the economic conditions prevailing at the time. Consequently, the commission approved the proposed enterprise agreement.

The final order was that the Nazareth Care, ANMF and HWU Enterprise Agreement 2014 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision ensures that the agreement is legally binding on all parties involved and provides a stable framework for the employment relationship moving forward.

Nazareth Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established